Markhoff & Mittman, P.C.

Tuesday, March 6, 2018

Brooklyn Construction Work Hit By Metal Beam

Although hard hats provide the human skull with protection, there are some objects that are just too large and heavy to protect anyone against - like a metal beam.

On March 1st, 2018, a Brooklyn construction worker was on the job when the worst happened - a metal beam slipped from the blocks it was placed on and fell directly on his head. The impact not only hurt his head and caused a potential brain injury, but the stress of the injury also cause his body to go into immediate cardiac arrest and he stopped breathing.

Paramedics Rush To Provide Construction Worker With Aid

Although paramedics arrived quickly on scene and coworkers administered CPR until they arrived, he still wasn't breathing when he was loaded into the ambulance.

Although a heart attack can certainly be caused by failing to eat right and exercise, researchers have found that a larger percentage than previously thought are caused by stress and often, on the job stress. On the job stress can include both physical and metal stress and the when a heart attack occurs, this is referred to as stress cardiomyopathy.

Workers like this construction worker can obtain workers' compensation for both the injuries they sustain externally in the accident and the resulting heart attack if they are lucky enough to survive both. In the worst case, when the worker dies because of the damage their body sustains, their loved ones have the right to seek death benefits from workers' comp which will help them to stay financially afloat while they deal with the loss of their family member.

Thursday, February 8, 2018

Did You Know February Is American Heart Month?

Across the country medical professionals are trying to raise awareness about American Heart Month, hoping that lives can be saved if more people understand the risk factors for cardiac events While it's true that lifestyle choices can impact heart health, few people are aware that workplace hazards can also result in damage to the heart.

What Workplace Hazards Can Damage The Heart?

There are many ways that the heart can be damaged at work. Examples include:

Falls
When someone falls from a height the impact of hitting the ground below can actually result in a rupture in the heart wall, a chamber, or one of the major arteries.

Assaults
Sadly, violent acts occur every day. If someone is stabbed or shot their heart may be pierced and the muscle damaged.

Crush Injuries
If an employee is hit by heavy machinery or has a heavy object dropped on them, not only can the upper body be crushed but extreme pressure in the abdomen can increase pressure in the chest and result in a rupture of the pericardium, the membrane which surrounds the heart.

Auto Accidents
There are many industries which require employees to travel, putting them on the road, surrounded by distracted drivers.

Does Workers' Comp Cover Cardiac Damage?
Yes, if it can be shown that the cardiac damage occurred because of a situation caused by the job, then workers' comp will cover the medical expenses. However, it can be very difficult in some situations to prove that the damage is work-related which is why it's so important to work with an attorney who has handled similar cases in the past.

Contact us at one of our offices:

White Plains
Markhoff & Mittman, P.C.
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
186 Joralemon St. #701a
Brooklyn, NY 11201
718-509-3599

Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004

Thursday, January 4, 2018

Sidewalk Collapses Sending Nail Salon Employee Falling Into Basement

When working in a nail salon, employees may anticipate that one day they will hurt by one of many accidents - burned by hot wax, a slip and fall accident on a wet spot, or pulling a muscle while lifting supplies. The last thing they expect to happen is that the sidewalk will literally crumble beneath their feet.

Nail Salon Employee Falls Into Basement

A long-time nail salon employee had just arrived for the day and was unlocking the door to the building so that she could prepare for opening. While she was insert the key, the ground below gave way and completely collapsed, sending the worker into the basement.

She survived the fall but sustained serious injuries. Luckily, passersby witnessed the accident and called 911 so it didn't take long for emergency services to arrive and extract her from the rubble. She was rushed to the hospital for treatment.

Investigators have not yet determined what caused the collapse or who was at fault, but if she chooses to apply for workers' compensation, she will likely have to fight with the insurance company.

The Scope Of Employment

In order for a workers' comp claim to be valid the employee must have been within the scope of their employment. An insurance company may argue that she technically wasn't at work yet, although part of opening a shop is unlocking the door. By working with an experienced attorney, she is much more likely to have her initial claim paid or to have a denial overturned.

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Friday, December 8, 2017

Employee At Cheese Factory Rushed To Hospital With Serious Injuries

Food is essential for life and when shopping at the local market or grocery store, it's easy to forget how much hard work is put into making each delicious option.

Cheese Company Employee Injured On The Job

In order to make large batches of food, company owners typically purchase heavy machinery that can mix, cut, and press their product. While these machines are extremely helpful, they can also be extremely dangerous, especially if an employee gets pulled into the gears or blades.

Just recently, an employee at a company which creates various cheese products, was rushed to the hospital after he caught his hand and arm in a dough machine. Although his injuries were not life threatening, if he is unable to regain the use of his hand or arm, it could be career ending.

Food Workers Can File For Workers' Comp & Disability Benefits

This injured worker will likely require thousands of dollars in medical care but he does have the ability to file for workers' compensation, which is "no-fault" insurance designed to cover the medical expenses of anyone who is hurt on the job. Sadly, even though the insurance is no-fault, coverage is not guaranteed.

Insurance companies deny the majority of claims that they receive in order to save the company money. While these denials can be appealed, it takes time and often, legal help.

In addition to being able to file for workers' compensation, if his injury is permanently disabled and he is unable to return to work, he can file for Social Security Disability Benefits. These benefits will help to cover future expenses. However, these benefits are even more difficult to obtain than workers' comp and there are so many appeals that the wait for a hearing is almost two years.

In both instances, working with an attorney who is familiar with all of the necessary forms and the application process is the best way to ensure that either of these claims will be accepted from the initial application.

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Wednesday, November 8, 2017

Fort Drum Mechanic Injured In A Fire

In mid-October, emergency responders were called to loading docks near a store in Fort Drum to assist a maintenance mechanic who was working on a circuit panel.

Worker Airlifted To The Hospital

At around 8 a.m. while working on the panel, something went horrible wrong and the panel burst into flames. The flames spread to the mechanic and he sustained serious burns. The decision was made to airlift him to the hospital for treatment. There has been no update regarding his condition.

Burns: One Of The Worst Injuries

Burns are one of the most painful and debilitating injuries that any worker can sustain. As most people know, burns can be:

1. 1st-Degree
2. 2nd-Degree
3. 3rd-Degree

What isn't commonly known is that there are actually 4th-Degree burns that extend so far below the skin's surface that even the bones can be burned. In most cases, if the burn is on a limb, the limb must be amputated.

Skin and muscle that has been burned can require more than a year of treatment and often the patient is required to stay in the hospital while they undergo extensive surgeries and skin grafts. In many cases, secondary medical conditions such as serious infections are developed, slowing the healing process and even putting the patient's life in danger.

The good news is that this worker should be covered through workers' compensation which will pay for his medical treatments and a portion of his lost wages. Although this won't change the physical and emotional trauma he has suffered, it will go a long way to make sure that he is able to remain financially stable.

The bad news is that workers compensation claims are denied regularly by adjusters who have been trained to save the insurance company money. But help is available and our workers' compensation attorneys are dedicated, passionate, and ready to assist throughout the workers' comp process.

Tuesday, October 10, 2017

Scaffolding Accidents Hurt 5000 Each Year

It's undeniable that architecture has created some of the most man made beautiful structures on the planet, from soaring cathedrals to the tallest building in the world. During both the initial building process and later, if parts of the building need to be repaired or restored, it's common for those passing by to see construction workers making use of scaffolding to help them reach the necessary height. But working at heights is risky and becomes even more dangerous when the scaffolding isn't safe.

Common Scaffolding Accidents

The top causes of scaffolding accidents involve:

Improper Construction

Gaps in the boards being walked on, a failure to rig the scaffolding to the building, and loose safety railings are all examples of issues that may occur when the scaffolding is being built. OSHA has strict requirements that must be followed when putting up scaffolding but many owners and managers rush the process which results in mistakes.

Inadequate Maintenance

Scaffolding is left open to the elements for extended periods of time and parts break down or fall off. It's important to fix these issues before an accident happens.

Lack Of Fall Protection

Depending on the scaffolding and the height, railings must be installed and in some cases, workers must wear addition safety gear like a harness in case they fall.

The bottom line is that if a scaffolding accident occurs, workers are hurt and often seriously. In fact, according to OSHA, nearly 5,000 workers are hurt in scaffolding accidents each year. These workers may be able to obtain workers' compensation but the process of obtaining these payments can be quite difficult.

Were you or a loved one injured in a scaffolding accident in NY?

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Thursday, September 28, 2017

The Dangers Of Workers' Compensation Fraud

We live in a dangerous world, and threats oftentimes come from the workplace where we spend the bulk of our time which is why it is necessary to be covered for workers' compensation benefits should dangers arise.

Workers' comp is a vital social safety net protecting workers for everything from unsafe working conditions to repetitive stress disorders to simple slip and fall accidents. However, there are false claims that present a number of dangers that include weakening faith in the system, driving up business costs, as well as legal and financial penalties should the fraud be revealed.

What Is Workers Comp Fraud?

Workers compensation fraud comes in many guises, but at the heart of the fraud is a misrepresentation of injuries and medical conditions designed with the intent of something for nothing. While we tend to think of the unscrupulous worker unwilling to work being at the heart of workers' compensation fraud cases, the reality is quite different.

According to the New York State Workers Compensation Board, fraud claims can include:

Fraud by individual workers
Fraud by employers seeking to avoid paying
Fraud by professionals, like doctors, and lawyers, seeking to facilitate workers' compensation fraud
Fraud by government workers

A recent 2017 fraud case emanating from California witnessed a complex scheme orchestrated by more than two dozen doctors, several pharmaceuticals, and business leaders to milk the system of more than $40 million. What would compel people to take that risk?

Workers' Compensation Fraud Penalties

While it might be tempting at the time to commit fraud with your workers' compensation, there are penalties when you are caught. Some of those penalties depending on the severity of the fraud committed and the overall financial impact can include:

Fines for minor cases
Close to a year in jail for misdemeanor convictions
Up to thirty years in jail for felony convictions

It is not worth it committing workers' compensation. It is always advisable to go through the proper legal channels to get help for your workers' compensation benefits.

Were you or a loved one injured while working?

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