Workers Compensation | 1-800-HURT-511

Machine Injuries

Posted on June 1, 2020January 11, 2023 by Staff Writer

Last year in America roughly three million employees suffered a workplace injury from which they never recover, at a cost to business of close to $60 billion. These statistics are staggering. To help gain a better perspective on the realities of workplace danger, consider the most common risk assessment techniques used in the industry.

A pre-assessment meeting usually takes take place with the key contact/decision makers of your company, affected supervisors, and maintenance personnel. The purpose of the meeting will be to discuss the risk assessment process, set the scope of the risk assessment project, and discuss the “acceptable or tolerable” risk perceptions. Arrangements will be necessary for an electrician to be available to open control enclosures during the assessments. The presence of an experienced machine operator will also be required during the assessment as only an operational machine can be properly assessed.

The possibility of avoiding a hazard can be tied to the machinery or process design. If the operator must hand feed product closely into a hazard, the potential of avoiding injury is less than it would be if the product moved into the hazard from a remotely loaded conveyor or material handling system or if the machine or process design allowed the operator, set-up personnel, maintenance personnel, engineer, or any passers-by to walk along side of an unguarded hazard in order to get from one point to the other.

After the machine risk assessment is completed, a meeting will be scheduled to discuss the findings, explain the preliminary risk rankings, discuss possible ways of reducing the risk rankings, and discuss the time frame for completion of the detailed assessments and summary file.

Working with heavy equipment in itself often entails a high risk of injury. However, when companies do not provide the proper maintenance of equipment and training of the operators, they may be liable for injuries incurred on a worksite. It is the duty of the contractors to ensure not only that the workers are safe but that there is an adequate amount of warnings related to potentially hazardous zones. For example, a supervisor’s failure to enforce safety measures may make him liable for injuries that occur due to his failure.

It is important to promptly report and investigate a construction accident case. An attorney will help arrange for investigative work, including access to the property and photographs of the property. In many cases there are deadlines to which a notice must be given to the accused party. Therefore, it is highly recommended that one follow up on a accident case as soon as possible.

In court, the accused party will have attorneys that will try to refute and devalue your case. Having an attorney who is experienced in handling personal injury cases involving heavy machinery and equipment on your side will help fight and counter the testimony given by the accused. You have the right for proper compensation for the injuries attained by other people’s negligence!

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights

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Warehouse Workers & Musculoskeletal Disorders

Posted on June 1, 2020January 11, 2023 by Staff Writer

Major national vendors deliver thousands of packages to consumers across the country every day. Customers expect to be able to place an order and have their package delivered within a day or two. For the warehouse workers responsible for preparing these packages, this can involve a great deal of lifting, bending, twisting, and running for up to 12 hours a day. The New York Committee for Occupational Safety & Health surveyed Amazon employees at a Staten Island warehouse and found that the intense work pace is causing workers to develop musculoskeletal disorders.

According to some of the employees surveyed, they are expected to package approximately four online orders per minute. If they stop working for even a moment, it has a negative impact on their performance evaluations. Of the roughly 145 Amazon warehouse employees surveyed, 66 percent said that they felt physical pain while performing their regular work duties, and 42 percent said that they felt pain outside of work. Over 25 percent of workers said that they felt pain in their feet, and almost as many said that they felt pain in their lower back and knees. Unfortunately, it is likely that these injuries will only get worse now that Amazon offers free one-day shipping to Prime customers.

One worker described his warehouse work as a full-body workout all day, every day. Constant bending, squatting, twisting, and lifting can cause injuries to the joints, ligaments, muscles, nerves, and tendons as a result of repetitive strain and exertion. In 2016, Amazon was fined $7,000 for failing to report two dozen worker injuries. In a brief written by the U.S Occupational Safety & Hazards Administration, Amazon exposed workers to a range of injuries related to repeated bending at the waist, overexertion, and standing for up to 10 hours without a break. In some cases, they were forced to work mandatory overtime shifts as well.

These are not the only safety complaints that have been lodged against Amazon. In fact, because of its poor warehouse conditions, the National Council for Occupational Safety and Health named Amazon as among the most dangerous places to work. The report stated that Amazon had injury rates that were higher- than-average and did not address employee safety concerns. According to the president of the Retail, Wholesale and Department Store Union, which is assisting some Amazon workers with unionizing, as two-day Prime shipping becomes more widespread, workers will be expected to fill 200 to 300 orders per hour in a 12-hour shift. This pace can be exhausting and increase the risk of serious workplace injuries.

Remember, each case is unique, so contact HURT-511 for more information on workers’ comp statute and our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

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Recovering Compensation for Lost Wages

Posted on June 1, 2020January 11, 2023 by Staff Writer

If you were injured in a car accident, or some other accident caused by another person’s negligence, you will likely be eligible for financial compensation, even if your employer pays you for the missed days of work. Typically, compensation covers the costs of medical treatment, hospitalizations, and prescription medications. It also covers lost wages, which is the money you lose if the injury causes you to miss days of work. Depending on the severity of the injury, you may miss days, weeks, or months of work. In some cases, a serious injury can impact your ability to work in the future. A skilled car accident lawyer will walk you through every step of the claims process and ensure that you receive the maximum financial benefits to which you are entitled.

Injuries involving broken bones, contusions, sprains, and strains may cause you to miss several days of work for follow-up treatments, doctor’s appointments, and physical therapy. If you do not get paid days off, this can cause serious financial difficulties. To secure compensation for past lost wages, you must prove that your missed days of work were caused by your injury. You can do this by obtaining medical records from your physician and providing copies of pay stubs and income documents from the days of work missed.

Injuries that are more severe may impact your ability to work in the future. Calculating future lost wages can be tricky because it is based on the amount of money you would lose in the future, and sometimes the future is unclear. Essentially, you will need to establish the difference between the value of your services before and after your injury. To collect compensation for future wage loss, you must be able to prove that the injury is permanent and has diminished your earning capacity. You will need to provide evidence that indicates your future earning potential had you not been injured. Evidence may include the following:

Testimony from medical experts about whether a full recovery is possible, and what your capabilities and limitations may be if a full recovery is unlikely. Medical evidence that shows how your injuries will likely impact your ability to carry out your job responsibilities. Input from an expert financial professional about what your income could have been if you were not injured, and what you can expect to earn considering your physical and/or cognitive limitations resulting from the injury.

When it comes to injury claims and lawsuits, most states have laws that say the injured person is entitled to reimbursement for income they lose while recovering from their injuries. If you’re out of work due to injury, you’ll need a “work slip” or other written proof from your medical provider showing the dates you’re unable to work. Lost income includes all wages, benefits, and perks that are included in a worker’s “total compensation package.” You have the right to demand reimbursement for lost income from your base pay, and the financial value of other benefits you rely on from your employer.

Lost income claims may include base pay, overtime, sick and vacation days, bonuses and commissions as well as retirement fund contributions. Think about any other types of benefits you receive from your employer that you lost because you were out of work after an injury. The at-fault party, or their insurance company, should reimburse you for your total lost income.

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Work Injury Hazards During Winter

Posted on June 1, 2020January 11, 2023 by Staff Writer

According to the National Institute for Occupational Safety and Health (NIOSH), outdoor work environments pose a variety of work injury hazards. The specific hazards vary depending on the type of work being done, geography, and season. Work injury risks also depend on the lengths of time each worker is exposed to outdoor cold temperatures, snow, wind and rain. It is important for workers to understand their work conditions in order to effectively identify and prevent work injury or occupational illness.

In winter, one of the biggest risks for outdoor workers is exposure to extreme cold. Working in cold weather conditions puts the worker at risk of developing cold stress. Even in regions like ours, the Greater Seattle area, where extreme freezing temperatures and snow events occur infrequently, near freezing temperatures can cause cold stress.

Cold stress occurs when heat rapidly leaves the body. Usually, this happens due to a combination of very low temperatures and general increase in cold air flow, like wind. Cold stress can lead to serious health problems including hypothermia, frostbite, trench foot, and chilblains.

Hypothermia is when the body loses heat faster than it makes heat. The body uses its stored energy and results in abnormally low body temperature. In turn, a person experiencing Hypothermia might have hard time thinking clearly or moving effectively. Normally, a person suffering from Hypothermia won’t know it’s happening, and can’t do anything about it.

Frostbite is when a part of the body is injured by being frozen. Here, when the body part freezes, it may lose color and feeling. It may also sustain permanent damage from tissue damage. When a tissue damage occurs, the injured person may be in need for amputation. Body parts susceptible to frost bite include the nose, ears, cheeks, chin, fingers, and toes. If you are working outside, make sure you dress properly, and wear warn protective gear. Improperly dressed workers are at an increased risk for developing frostbite.

Trench foot happens when one foot or both feet are exposed to wet and cold conditions for an extended time. If your feet are constantly wet, it’s important to know that trench foot can even happen at temperatures as high as sixty degrees. That’s because wet feet lose heat twenty-five times faster than when they are dry. To prevent heat loss, the body constricts blood vessels to shut down circulation in the feet. As a result, the body deprives the tissue of necessary oxygen and nutrients, and then the tissue dies. If you are working in cold and wet weather, it’s extremely important to wear proper footwear to prevent this kind of work injury.

Another cold weather danger for workers in our area is the risk of cold-water immersion. Workers who are immersed in cold water will likely develop immersion hypothermia. While it’s like regular hypothermia, immersion hypothermia sets in more quickly because water causes heat to leave the body much faster than air. Immersion hypothermia can occur in any water below 70 degrees Fahrenheit. In the winter months, we see a real increase in water immersion work injuries in Washington State. Lake Washington is currently only 46 degrees Fahrenheit. Similarly, Lake Sammamish is only 45 degrees Fahrenheit. In comparison, Elliott Bay water temperatures range between 57 and 73 degrees Fahrenheit throughout the year. For reference, Hood Canal ranges from 55 to 63 degrees Fahrenheit.

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Workers’ Compensation for Drivers

Posted on June 1, 2020January 11, 2023 by Staff Writer

In New York, workers’ compensation laws are in place to ensure that every employee who suffers an injury during the course of their work receives benefits to cover their losses. In order to make a claim under these laws, the injuries must have occurred as a result of off-site work related tasks or operations while on a job site. If you are a commercial truck driver injured on the job, you may qualify for benefits under your employer’s coverage. Workers’ compensation laws are created and administered at the state level, and it is a specialized area of personal injury law.

Injured truck drivers should act quickly since claims could be denied if not filed in time. It is important to file a workers’ compensation claim as soon after the accident as possible because failure to timely file this type of claim can result in your claim being denied outright. In New York, the law states an employee should report a work-related injury to the supervisor within 45 calendar days of the date of the injury or date that a doctor first tells an employee the injury is related to work.

Workers’ compensation claims in New York also have a specific statute of limitation, often one calendar year from the date of injury or last voluntary payment made by the insurance company on the employee’s behalf. Timely filing a claim is critical, as treatment for common injuries such as ligament tears, herniated discs, and broken bones can be costly if they must be paid out-of-pocket.

It normally does not matter who was at fault for an accident when filing a workers’ compensation claim. It typically operates as a “no-fault” system, meaning the employee must only show that he or she got hurt in the course and scope of employment. For example, if you were making a delivery and driving on your typical route when your car began to skid on ice and then crashed, your claim should be covered. However, if you had taken a detour to run a personal errand, it may not be covered.

In most states, it’s the law to call the police after an accident involving injury to persons or property. When you call the police, their officers should investigate the crash and issue a police report to document important information such as the parties involved, witnesses, insurance, property damage, tag numbers, VIN numbers, and the like. Even if you only exchanged information with the other driver at the scene, you should consider reporting the accident to the police so that they will issue a police report.

No matter how an accident occurred, it is important to conduct a thorough investigation. If it turns out a third party’s negligence contributed to your injury, you could simultaneously assert a third party claim against that individual or entity while you recover workers’ compensation benefits.

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Benefits for Injured Drivers

Posted on June 1, 2020January 10, 2023 by Staff Writer

Getting injured at work can leave you with extensive medical bills and reduced ability to work. In New York, laws are in place to make sure you are able to pay these bills, recover lost wages, and obtain disability benefits if returning to work isn’t possible.

An accident with another vehicle can be catastrophic, not to mention stressful. Being involved in a wreck can affect your life in a split second. Consider medical bills, missing work, your damaged car – not to mention the physical injuries you may suffer. The chances of serious injury can increase with the presence of an 18-wheeler truck or big rig. The average sedan weighs between 3,500-4,000 pounds. The average 18-wheeler, on the other hand, weighs 80,000 pounds. In a car vs. 18-wheeler crash, the smaller car normally bears the brunt of the impact.

Whether you are covered by workers’ compensation or not can depend on your employment status. Independent contractors may not be covered. If you are an owner/operator, you may have occupational insurance, which differs from workers’ compensation administered at the state level.

If you are covered by your employer’s policy, you can be covered for injuries that occur in the course and scope of employment. The most common example is a truck accident, which could be a single car accident or multi-vehicle pileup. You could also assert a claim if you get hurt after a slip and fall, either on the truck or someone else’s property.

Workers’ compensation laws generally cover three forms of damages – medical benefits, wage benefits, and disability benefits. Medical benefits cover treatment related to the accident, such as doctor bills, physical therapy, and prescriptions. In order for your medical treatment to be covered, it must be approved through workers’ compensation.

Wage benefits compensate the injured worker for a designated portion of his or her average weekly pay. For these benefits to be awarded, a doctor will take the employee off of work. Total disability benefits can be awarded if an injury becomes permanent. The way an injured truck driver can know whether the injury is permanent is if the authorized treating physician gives an anatomical impairment rating.

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What To Do After Colliding With A Truck

Posted on June 1, 2020January 11, 2023 by Staff Writer

If you’ve driven next to a commercial truck or have seen a big truck crash into car, you may be worried what would happen if you had the misfortune of being such a collision. You’re not alone in your concerns. Injuries in an 18-wheeler crash can range in severity. You may suffer whiplash or forms of soreness, tightness, or stiffness. Severe crashes can lead to broken bones, disabling conditions, or even death.

If you feel pain after a truck accident, you should have a licensed medical professional assess your condition. Seeking prompt treatment can help you recover as quickly as possible. Depending on what the doctor sees, you may need to be referred to a specialist, such as an orthopedic doctor for disc injuries or neurologist for headaches or head injuries. Without medical records documenting your symptoms and condition, it can become difficult to prove they are causally related to the wreck.

Immediately after the accident, police must be present at the scene. In most states, like New York, the law requires police to be called after an accident the culminates in any type of personal injury or property damage. The police will acquire statements from the involved parties and will need photos, and statements of any witness that may still be on the scene. Often, witnesses are left off of a police report, so if you’ve taken care to document the names of witnesses, your attorney can contact them for alternate version of events.

It is always beneficial to secure as much evidence as possible after a crash involving a semi-truck, so document as much as possible including witness information, pictures of the vehicles, pictures of your injuries, and any other relevant information. If you’ve sustained suffered visible bruising or skin tears photograph those areas immediately.

Assuming you can prove the other driver caused the accident, the focus shifts to damages. While most people injured in truck accidents simply wish they could turn back time to where the wreck never happened in the first place, we know that’s not possible. Instead, the form of recovery is monetary damages.

If you are hurt in a truck accident, you can recover compensatory damages designed to make you whole. Included in these damages are reimbursement for medical bills, prescriptions, medical devices like crutches, lost wages, property damage (car repairs, total loss, etc.), and out of pocket expenses. If you suffered a traumatic injury, your attorney may need to consult with expert witnesses to document future losses, such as medical bills and lost earnings.

Your disability settlement may be given to you in a lump sum. This is a one-time payment meant to cover treatment and lost time working. While it is a predetermined amount, you could instead receive the amount in installments, such as weekly or monthly payments. While the exact amount varies, you will most likely receive about two-thirds of your salary before your shoulder injury. Some states put a limit on how long you can receive workers’ compensation payments. For example, in New York, you can receive it for up to 525 weeks if you have lost all your earning capacity.

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Knee Injuries In Automotive Accidents

Posted on June 1, 2020January 11, 2023 by Staff Writer

Suffering knee injuries not only causes intense pain and severely affect your everyday activities including limiting your ability to go to work, complete basic chores and extracurricular activities. Those who suffer pain as a result of being involved in an accident may need to be checked out by the doctor for post-accident symptoms like soreness, stiffness and limited range of motion.

Knee injuries sustained in motor vehicle accidents can vary in severity depending on whether the injured party was a driver or a passenger. In case of being rear-ended by another vehicle, for example, both knees could be pushed into the steering wheel or below the dashboard. Initial sore and stiff knees will have a limited range of motion, but these seemingly benign symptoms can indicate a more severe underlying conditions. The full extent of knee injuries cannot be fully ascertained without treatment by a medical specialist like an orthopedist and thorough testing procedures like Magnetic Resource Imaging (MRI).

The most commonly presenting types of knee lesions involve sprains and strains. With these type of truck accident injuries, severe pain is felt without any underlying ligament or cartilage tear. Most doctors will suggest the “RICE” therapy – Rest, Ice, Compression, Exercise. But having and a post-accident injury is classified as a strain or sprain does not you’re out trouble-free. Knee sprains and strains often extend past discomfort and become chronic injuries that become exacerbated due to weather or strain you put on these weight baring joints.

An experienced truck accident attorney is invaluable in these events. Truck companies begin investigating a wreck immediately, so you will want to be represented by an attorney that marshals the resources to match that urgency. One of the seasoned truck accident lawyers at HURT-511 will know the details of personal injury laws in New York your state, federal trucking regulations, and steps to take to protect your legal rights. It will be of outmost importance to take steps to prevent destruction (accidental or intentional) of key evidence like driver logs and black box data. It may be necessary to also consult with accident reconstruction experts if liability is contested. Hiring a personal injury lawyer means you have someone on your side throughout the entire process, from start to finish.

Lack of transportation can snowball into other issues. Missed work could mean no paycheck, which could mean getting behind on bills and not being able to afford life’s necessities. To ensure your car gets fixed, you can go through your own insurance company. However, if you do not have collision coverage your only choice may be to go through the trucking company’s insurance. A full service personal injury law firm can assist on your property damage claim by helping you get a rental car and doing what’s possible to speed up the investigation, such as contacting witnesses.

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Driving In Bad Weather Conditions

Posted on June 1, 2020January 11, 2023 by Staff Writer

At all times, drivers must exercise caution behind the wheel. This principle applies no matter what type of vehicle you are driving, no matter what day of the week, and no matter what time it is. Private citizens must also follow the rules of the road set forth by the city, county, and state within which the vehicle is being operated.

Truck accidents in bad weather are often tied to negligence, especially when a driver does not react accordingly. Drivers should begin to slow down during the following weather conditions – snow, rain, ice, wet roads, reduced visibility due to fog. Further, drivers should slow down when approaching curves and travelling on uneven roads, gravel roads, or construction zones. Failing to drive safely during bad weather could force a truck driver to brake suddenly in order to come to a complete stop, for example. This activity could lead to a jackknife accident with another vehicle.

Accidents involving 18-wheelers can be complicated. These vehicles have become highly specialized in recent years, and drivers are supposed to go through proper training before being allowed to operate them on public roads. One such requirement is obtaining a valid Commercial Driver’s License (CDL).

In certain circumstances, special endorsements are required, such as for those who drive trucks with double trailers, triple trailers, tanks, trucks carrying hazardous materials, and passenger vehicles. Elevated standards are in place for commercial truck drivers because accidents involving them can produce catastrophic injuries like paralysis, brain trauma, spinal cord damage, and permanent scarring.

Big trucking companies know how much is at stake following a catastrophic accident. They are known to expend significant resources into defending such claims from the outset. If a victim cannot obtain the proof needed to establish liability, that person may end up uncompensated for medical bills, time off from work, and the cost of future surgeries and medical treatment. Thus, it is critical to conduct a thorough investigation.

Of course, the facts of a truck accident itself should be examined by obtaining the police report and reaching out to independent witnesses. However, it is necessary to dig deeper, and hiring an experienced truck accident attorney can go a long way in ensuring critical information is uncovered and identified.

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Punitive Damages In Trucking Accidents

Posted on June 1, 2020January 11, 2023 by Staff Writer

Truck crashes are among the most severe types of accidents. When a truck collides with a passenger vehicle, severe injuries and fatalities are common. When a truck driver or trucking company is negligent in a crash, they are responsible for all damages resulting from the collision. Your damages may include your medical expenses, money for pain and suffering, and reimbursement for lost wages. In New York, the law limits the amount of money you can recover in a personal injury case in a few situations.

Punitive damages are only awarded in cases where there was gross negligence. Punitive damages are meant to punish the offender and deter them from committing the action again in the future. In New York, the punitive damage award cannot exceed specific limitations. In general, the amount of punitive damages cannot be higher than two times the economic damages plus the amount of non-economic damages.

The total cannot exceed $750,000. In medical malpractice cases, you may sue for all your economic damages with a cap on non-economic damages. The total recoverable damages are $500,000. Claims against governmental entities have a limit of $100,000 per person and $300,000 in a single occurrence.

Every case is different and has a unique set of facts. Your attorney will review your accident to determine the best way to proceed. Many personal injury cases are settled before they go to trial. A truck accident attorney in Houston will work on your behalf to gather evidence and negotiate a fair settlement. Only if a settlement cannot be reached will the matter proceed to court.

After any motor vehicle accident involving a commercial truck, it is important to immediately begin taking steps to investigate the accident, prevent spoliation of evidence (including black box data and driving logs), interview witnesses, and identify all parties involved. Potential defendants in a truck accident case could include the driver, his or her employer, and either a parent company or subsidiary of the employer, depending on the facts conducting a thorough investigation will assist in developing the case and preparing a lawsuit, if necessary.

Accidents with big rigs often result in severe injuries to the other drivers and passengers. Some of the most common injuries include traumatic brain injuries, head and back injuries, whiplash, broken bones, cuts and bruises, burns, and puncture wounds. Some severe injuries may be life-threatening, and the recovery may be lengthy and painful. The driver or trucking company may be found negligent in causing the accident. If you were hurt due to the negligence of another, you might be entitled to compensation for your injuries. You may be owed money for your medical bills, lost wages, pain and suffering, and more.

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