A New York State Appeals Court recently ruled that the widow of an airport employee who suffered a heart attack on the job is due workers’ compensation and death benefits. The decision concludes a six-year battle between the claimant and her late husband’s employer. On December 14, 2010, Edward Kilcullen, who worked as a process [...]
Recently, WorkCompCentral Workers’ Compensation and American Association of State Compensation Insurance Funds announced the federal government’s launch of the Worker Endangerment Initiative. This new program combines the prosecution of employer workplace safety and environmental violations. Often, employers who criminally violate the Occupational Safety and Health Act (OSHA), are also violating environmental laws at the same [...]
With the close of 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced the results of the new reporting requirement which was implemented as of January 1, 2015. The new reporting guidelines require any severe work-related injury, including amputations, loss of an eye, or hospitalization, to be reported within 24 [...]
According to Insurance Business America, over the past ten years the number of workers’ compensation claims is decreasing, but the severity of the injuries reported is increasing. Milliman and Keenan Healthcare analyzed workers’ compensation data and compiled a report showing frequency, severity, and medical and indemnity costs. They considered how reforms may affect the numbers [...]
Many municipalities in New York State have volunteer firefighters and/or ambulance workers. The communities appreciate the dedication and passion the volunteers show, and the legislature has acknowledged those that are injured in the line of duty by passing laws to protect their rights. The Volunteer Firefighters’ Law was enacted in 1957, and the Volunteer Ambulance [...]
It is common to hear coworkers complain of back or neck pain. What some may not realize is that according to the United States Bone and Joint Initiative’s 2012 statistics, the most recent data available, approximately 25.5 million people were unable to work an average of 11.4 days as a result of pain. Back and [...]
New York Governor Andrew M. Cuomo announced the appointment of Mary Beth Woods as the new Executive Director of the New York Workers’ Compensation Board. Mark Wade, the prior Executive Director, resigned in December 2015 to work as the Chief Claims Officer for Argo Group’s U.S. Operations. Along with Ms. Woods, six other individuals were [...]
Recently, Sean Patrick Riordan, Partner, McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP, was featured in Subway Surface Supervisors Association Express Magazine. Mr. Riordan’s article “Injured at Work?” provided proper guidelines for workers who are injured while performing their job. According to Mr. Riordan, an injured worker should first notify their employer of his or her [...]
When it comes to workers’ compensation claims, companies must abide by state and federal law, but they are able to implement their own internal policies. Some companies have a policy which requires employees to report an incident immediately. The issue with immediate reporting is that a workplace injury may not be symptomatic at the time of [...]
New York Governor Andrew Cuomo released the 2016 Executive Budget in January, which proposes both procedural and substantive changes to workers compensation law. These proposals, if adopted, would greatly impact the benefits and due process rights of injured workers. One proposal eliminates the Aggregate Trust Fund (ATF) deposit requirement. Currently, the ATF allows permanently partially [...]