NYC COBA Newsletter Features MDASR

MDASR featured in COBA NYC's April 2019 Newsletter
MDASR featured in COBA NYC's April 2019 Newsletter

McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP is happy to report our recent successful Workers' Compensation and Pension Disability cases representing New York City Correction Officers (NYC COBA) MDASR works closely with the NYC Correction Officers' Benevolent Association and its' Officers. We are proud to be featured in their April 2019 Newsletter. The attorneys at MDASR are committed to providing their expert experience to advocate for injured and disabled workers and receive the best possible outcome for our clients.

NYS Police Compensation Seminar Hosted by MDASR

McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP was honored to host members of the NYS Police for an evening of networking, great food & drinks and an important and fundamental discussion. Partners Ed McIntyre, Sean Riordan and James Seganti spoke about compensation rights as NYS Law Enforcement in the event of an accident or injury on the job and the potential effects on their pensions.

Ed McIntyre, discussed the requirements for NYS Law Enforcement to qualify for workers’ compensation and how essential it is to know what you are entitled to when injured. He also discussed the potential for substantial workers compensation awards that injured Troopers often fail to pursue.  Ed spoke about the firm’s workers’ compensation attorneys and their expertise in the procedure when filing for coverage.

James Seganti spoke about the crucial need for World Trade Center First Responders to submit the WTC-12 Sworn Statement to meet the requirements for coverage in the event they seek workers’ compensation in the future. The deadline for this form is September 11, 2022, and is necessary in the event that you develop a disease or illness related to your time in rescue, recovery or cleanup.

Sean Riordan covered the current legal climate for what now qualifies as an accident on the job and how recent court decisions have turned disability pension litigation upside down. Retaining talented and knowledgeable attorneys is crucial in the outcome of the of your case and the total of your pension.

If you have been injured on the job contact our attorneys for a free claim evaluation at (866) 557-7500. Multiple conditions, work related or not, may in combination be enough to establish a successful claim.

Partner Sean Riordan Advocates for NY’s First Responders

Sean Riordan meets with Congressman Gregory Meeks and FDNY Ret. Chief Richard Alles to discuss the crucial issues our nation's first responders face daily.

MDASR partner Sean Riordan met with Congressman Gregory Meeks and FDNY Ret. Chief Richard Alles to discuss the crucial issues our nation's first responders face daily. Sean is an outspoken advocate for First Responders, having joined with advocacy groups such as the FealGood Foundation and Congressional leaders to help pass legislation that affords greater health care and benefits to men and women that respond to emergency situations.

MDASR Wins 9/11 Death Claim

The Law firm of McIntyre, Donohue, Accardi, Salmonson & Riordan LLP successfully argued and established causally related death as a result of toxic exposure from the tragic events of September 11, 2001. The claimant, a Local 40 electrician, selflessly chose to volunteer his services following the attacks on the World Trade Center. He spent two days volunteering and was instrumental in removal of steel beams and debris on the pile.

Even though the claimant was only at Ground Zero for two days, that exposure was enough to cause malignant melanoma which metastasized to his chest, abdomen, bones, adrenal glands, and lymph nodes. That exposure to the carcinogens at Ground Zero was proven to have significantly contributed to the development of  the claimant’s metastatic malignant melanoma and ultimately, his untimely death. As a result the surviving widow and children received a retroactive award of $155,000.00 as well continued lifetime benefits for the surviving widow.

Thank you to our late claimant and all of the other brave men and women who risked their lives, most giving the ultimate sacrifice, in the name of our country’s and city’s safety.

Written by Timothy Finnegan, Associate Attorney. 

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Quinn Law Firm and MDASR, LLP. Announce “Of-Counsel” Partnership

Dear PBA President:

The Quinn Law Firm is pleased to announce the establishment of a work relationship with McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP, (“MDASR”) in an “of-counsel” capacity, to offer our clients further representation in the fields of New York State Workers’ Compensation, New York State Disability Retirements and Social Security Disability.

Injuries suffered in the course of police duty are unfortunately commonplace. When injuries occur on the job the only way to properly protect your rights and benefits is through sound and comprehensive legal representation. MDASR has represented injured workers for over 65 years and knows exactly what steps need to be taken to ensure you receive proper medical treatment and just compensation. MDASR has a proud and extensive history of representing law enforcement officers and unions in disability claims throughout the state. MDASR understands the unique challenges police officers face daily and are devoted to applying that extensive knowledge and experience to the comprehensive and effective representation of your rights as a police officer.

MDASR’s partners are recognized throughout New York for their work in the disability field. Sean Riordan heads up the Disability Pension Department for MDASR. Sean is widely recognized as an expert in accidental disability retirement applications/claims under New York Retirement and Social Security Law § 363 (commonly referred to as “three-quarter claims”). He specializes in representing uniformed personnel in their actions against the New York State Retirement System, and has won several precedent-setting cases. Edward McIntyre, a former Sergeant with the Suffolk County Police Department, is an authority on workers’ compensation benefits and a leading advocate for officers’ disability rights. Richard Donohue, MDASR’s managing partner, heads up the Workers’ Compensation Department and is considered one of the foremost authorities on workers’ compensation matters.

In addition to the five (5) Senior Partners, MDASR has twelve (12) associate attorneys and over sixty (60) staff members dedicated to serving their clients. MDASR will be utilizing office space in our White Plains location, to effectively serve the Westchester and Rockland law-enforcement communities.

MDASR’s website is https://licomplaw.com. The main contact number is (631) 665-0609, and they also have an app that can be downloaded to your members’ smart phones. To access the app, go to the “App Store” on your mobile device and search “MDASR LAW”. The app will give your members access to a workers’ compensation or disability expert instantly. Jim Seganti (866-557-7500) will be the main point of contact for our Westchester and Rockland members.

We look forward to working with MDASR to bring our clients’ the best representation possible when faced with workers’ compensation and disability issues.

Should you have any questions about the additional services available to your organization and its membership, please do not hesitate to contact our office.

Very truly yours,

Andrew C. Quinn, Esq.

www.quinnlawny.com

Corrections Officers Suffer One of the Highest Rates of Workplace Injuries

Recently, a corrections officer at Riker’s Island was injured after two inmates attacked him and threw scalding liquid in his face. The liquid was comprised of corrosive cleaning chemicals that caused him to suffer second and third degree burns. Just a week prior to this attack, another corrections officer required 26 stitches across his face following an attack by two inmates. The assault ensued when the inmates held the officer down in a chokehold and slashed his face with a knife.

Correction officers have dangerous jobs, and one of the highest rates of nonfatal work related injuries of any occupation, nationwide. Across the country, in 2011, there were 254 work related injuries per 10,000 full time employees that were caused by assaults and other violent acts by inmates. Most of the assaults also involved dangerous objects. One-third of the injuries occurred as a result of restraining or interacting with an inmate during an altercation.

In New York City jails alone, there were 108 stabbings and slashings of corrections officers by inmates that occurred in fiscal year 2015. This is twenty more than occurred in fiscal year 2014, and 67 more than had occurred in 2011. However, the number of injuries classified as “serious” dropped from 53 to 43 from 2014 to 2015.

If you are a corrections officer and have suffered injury related to your employment which now limits your ability to work, you may be entitled to a disability pension or Workers’ Compensation. Contact an experienced Workers’ Compensation attorney who can best advise you of your legal rights and remedies. 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.

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Lack of Inflation to Affect Social Security Benefits for 2016

Recipients of social security benefits will not receive a cost-of-living adjustment (COLA) in 2016 due to lack of inflation. Many blame a correlation between low gas prices and the inflation rate concerning the absence of a COLA for next year. The COLA is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers which is computed in accordance with statistics provided by the Bureau of Labor which measures price changes in items such as food, clothing, housing, transportation, etc. Fuel prices have dropped by 23% since last year, lowering inflation. This is only the third time in forty years that there has not been an increase, including in 2010 and 2011.

The COLA affects 70 million Americans, with Social Security benefits being provided to 1/5th of the population including Social Security Disability (SSD). The beneficiaries include federal retirees, disabled workers, their spouses and children, and disabled veterans. Additionally, 8 million people receive Supplemental Security Income (SSI)- a financial needs-based program for the disabled. This program would also be affected as the program recipients will also see no COLA increase.

While benefits will not be increasing this year, SSI/SSD are important benefits to disabled workers. If you suffer from pain so severe that you cannot work, and have medical evidence attesting to your condition, you may be entitled to receive Social Security Disability Insurance.  Contact an attorney who is experienced in helping clients obtain the benefits they deserve.  Call The Law Offices of McIntyre, Donohue, Accardi, Salmonson, & Riordan, LLP at (866)557-7500.

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Workers’ Compensation for a Company Holiday Party Injury?

Some employers are concerned with the liabilities associated with hosting a company party at which alcohol is served.  For example, an employer may ultimately be responsible for any injuries that occur to an employee that could result in Workers’ Compensation claims.  A common scenario from which a holiday party injury can arise are slip and falls due to spills or intoxication.

Many employers choose to host holiday parties for their employees as a way to reward their efforts throughout the year.  The kinds of celebrations an employer chooses to host can vary.  Sometimes the parties are held at an off-site location.  They may also be held at the place of employment.  The party may be held either during company hours, or afterward.  Depending on the circumstances surrounding the party, employers may incur liability in a number of ways.

An employee may be able to receive Workers’ Compensation for injuries incurred during the scope of their employment.  Therefore, if holiday party attendance is required of employees, and any business is being conducted during the party (such as speeches about matters pertaining to the company’s business, or awards being distributed), an employee may be able to successfully argue that the party was part of their work responsibilities.  Additionally, if the party was held at the location of the company, an employee may reasonably believe that the party was in conjunction with work.

You may not be able to receive Workers’ Compensation benefits for an injury if your employer specifically states that participation in the festivities is optional, and the event is hosted off-site outside of the company’s business hours.  Additionally, if you are not expected to perform any tasks at the party that benefit your employer, the party likely falls outside the scope of your employment.

If you have experienced a holiday party injury at an event hosted by your employer and think you may be entitled to Workers’ Compensation, contact an attorney who is experienced in that field.  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.

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New York Times Expose Reveals Construction Site Safety Violations Linked to Completely Avoidable Deaths and Injuries in New York City

A recent New York Times expose has shed light on the rise of injuries and fatalities in New York City’s construction industry over the last two years.  The investigation found that although construction is increasing throughout the City, the rate of accidents is disproportionate to the new construction.  While the rate of new construction projects increased by 11% in the last fiscal year, the rate of accidents increased by 52%.

Additionally, the investigation uncovered that the same safety violations kept arising on many of the same sites despite safety reports and lawsuits.  After investigating construction accidents for two years, the New York Times concurred with the findings of a federal investigation and determined that many of these fatalities and injuries were “completely avoidable.”

Most of the deaths and injuries that occurred on construction sites affected undocumented immigrants who may be fearful to speak out against safety violations on construction sites due to their legal status. The Times cited one recent tragedy in which an immigrant had fallen 140 feet to his death because he was not wearing a safety harness.  Additionally, guardrails had not been installed at the site, and the elevated platform did not meet the wall as required.  Investigators found that the worker had fake certification for safety training.  The safety administration fined the construction company $42,000 for these and additional violations.

While the accidents that occurred in midtown were widely publicized, they accounted for only a quarter of the accidents throughout the city.  Most of the accidents that occurred took place on smaller sites that used non-union and poorly trained workers.

Other incidents that had occurred in the last two years that the Times referred in the expose included:

  • An immigrant worker falling 14 feet to his death due to lack of guard rails and supervision
  • An Ecuadorian immigrant who fell from a ladder because the construction company demanded jobs be done quickly and without safety training
  • A worker who fell through a floor opening due to slippery conditions that went ignored
  • A worker who was not wearing a safety harness fell two stories on a site that did not provide extension ladders and repair unsafe scaffolding

According to a report issued by the New York Committee for Occupational Safety and Health, many construction companies that repeatedly violate safety regulations disregard OSHA citations due to the low number of both OSHA inspectors and monetary penalties.  However, various agencies have begun cracking down on penalizing companies that disregard safety regulations.  For example, although criminality in construction accident cases has often been difficult to prove, the Manhattan DA’s Office filed manslaughter and other charges against two construction companies and managers last August.  The charges were filed after a worker was crushed to death as a result of willfully ignored safety regulations.  Additionally, the de Blasio administration is planning on implementing 100 additional building inspectors as well as new data tools and a code of conduct for the construction industry.  New York City’s investigation department also continues to conduct random inspections that it began in 2012 in an effort to deter the corruption that is so prevalent in the industry.

If you are a construction worker who has been injured on the job, you may be entitled to Workers’ Compensation.  Additionally, if you were injured due to an elevation related accident, you may be able to sue your employer and third parties under New York’s strict liability “Scaffold Law.”  Contact an experienced Workers’ Compensation attorney to discuss your claim. The Law Offices of McIntyre, Donohue, Accardi, Salmonson, & Riordan, LLP handles Workers’ Compensation claims throughout the five boroughs of New York City including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island in addition to both Nassau and Suffolk counties on Long Island.  Call (866)557-7500 for a consultation.

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OSHA Issues Violations to Cemetery After Grave Digger is Nearly Buried Alive

Recently, a cemetery worker in Long Island was seriously injured after he was nearly buried alive.  The worker had been digging a grave when excavated dirt had fallen back into the grave opening, burying him up to his waist.  The incident led to an OSHA investigation into the safety practices of the cemetery.

OSHA proposed a total of $123,200 in penalties for two willful and three serious violations.  The investigation uncovered that the cemetery had not implemented the OSHA required support system for trenching or excavation.  According to OSHA regulations, restraining devices must be implemented within two feet of the edge of a trench in order to keep the excavated dirt from falling back into the grave.  The worker’s injuries were a result of failure to implement such support systems.  Additionally, the investigation’s findings included discovering that equipment used for protective systems was damaged or defective; ladders used did not meet the height regulation; and grave slopes not meeting the proper ratio requirements.

Workers in the cemetery industry can face any number of injuries ranging from falls, injuries related to operating machinery or carrying headstones, as well as hazards related to trenching and excavation.  Essentially, digging at a grave site is an excavation like those performed in the construction industry.  In addition to the hazards workers face by the potentiality of a wall collapse without proper trench support, they can also be exposed to hazardous chemicals.  Workers should have their own personal protective gear such as hard hats to prevent head injury from falling rocks or dirt.  In addition, workers should wear respiratory protection to limit the inhalation of elements such as carbon dioxide, carbon monoxide, and methane that can appear in the soil.

An individual can suffocate as a result of being only partially buried in soil.  Therefore, it is extremely important to exercise all precautions and follow safety procedures when conducting any kind of excavation to prevent a cave-in.  To learn more about OSHA’s trenching and excavation regulations, click here.

If you are a worker who has suffered injury due to an employer’s failure to follow excavation or trenching safety regulations, you may be entitled to Workers’ Compensation.  The Law Offices of McIntyre, Donohue, Accardi, Salmonson, & Riordan, represents individuals who have been injured on the job throughout the five boroughs of New York City including Manhattan, the Bronx, Brooklyn, Queens and Staten Island, as well as both Nassau and Suffolk Counties on Long Island.  Call (866)557-7500 for a consultation.

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