MLB Umpire Denied Continuation of Workers’ Compensation Benefits After Receiving Med Mal Settlement

Recently, the New York State Appellate Division held that after he settled his medical malpractice lawsuit, a former Major League baseball umpire could not continue to receive Workers’ Compensation benefits. Mark Hirschbeck, who had been an umpire in Major League Baseball for over fifteen years was forced to retire after surgery was unsuccessful. However, because his injuries were work related, he was able to receive Workers’ Compensation benefits until the medical malpractice suit concluded.

The suit originated from a hip injury sustained in 2002, which left him permanently disabled after complications arose from hip replacement surgery. Hirschbeck brought a medical malpractice and products liability suit against the manufacturer of the artificial hip that resulted in a $3.2 million settlement. After the settlement was made, the Workers’ Compensation insurer claimed that a 2007 agreement with Hirschbeck allowed the suspension of benefits. The Workers’ Compensation Board ruled for the insurer, and the Appellate Division affirmed.

In order to receive Workers’ Compensation benefits if you have sustained a work related injury, the employer must be covered by Workers’ Compensation. Most employers are required by law to have Workers’ Compensation insurance, but there are exceptions. Additionally, to receive benefits, the recipient must be an employee. Independent contractors are not covered by the insurance.

If you have suffered injury due to a workplace accident, contact an attorney who is experienced in Workers’ Compensation claims.  The attorneys at McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP have experience representing clients before Workers’ Compensation boards throughout New York City and Long Island, including Manhattan, the Bronx, Queens, Brooklyn, Staten Island, Nassau County, and Suffolk County.  For a consultation, call (866)557-7500.

OSHA’S Susan Harwood Training Grants Help Provide Safety Training for High-Risk Workers

Safety training programs are integral to help protect workers in certain industries from the inherent hazards they face as part of their employment.  For the fiscal year 2015, the US Department of Labor’s Occupational Safety and Health Administration awarded $10.5 million in grants to 80 non-profit organizations nationwide to help educate workers who face high risks of injury.  The program is aimed at helping those workers who are employed by small businesses and vulnerable workers who face high-risk hazards on the job.  The grant program has provided training for over two million workers since 1978.

The purpose of the programs is to help workers gain the knowledge and tools to understand and recognize hazards in the workplace, learn how they can prevent injuries from occurring, and understand their rights.  The organizations that will be funded to provide the instruction include colleges, community groups, churches, labor unions, and employer associations.

Depending on the needs of the worker population, each nonprofit may provide either general safety courses, or educate on a selected topic that is relevant to the targeted audience.  For example, some of the programs provided by the grant include fall prevention in construction; workplace violence education; ergonomic hazards; construction in road zones safety; heat illness prevention; and agricultural safety.

An additional $2.3 million in grants will also be provided to fifteen organizations to develop and provide safety and health training on an on-going basis to workers and employers in the at-risk population.

If you have suffered injury due to a workplace accident, contact an attorney who is experienced in Workers’ Compensation claims.  Call The Law Offices of McIntyre, Donohue, Accardi, Salmonson, & Riordan, LLP at (866)557-7500.

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