Subscribe to feed Latest Entries

National Institute of Health Reports Millions of Americans Suffer Pain Every Day

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Monday, 31 August 2015
in News

According to a recent finding based on research conducted by the National Institute of Health (NIH) in 2012, it is estimated that 25.3 million Americans suffer from chronic pain on a daily basis.  Additionally, those who suffered from such severe pain were more likely to have worse health, use health care more and suffer from more disability than those who did not experience severe pain. 

The survey was conducted on a sample set of 8,781 adults and asked participants to answer questions concerning the frequency and intensity of pain that was experienced in the prior three months.  The results of the survey also found that many of those who experienced chronic pain turned to other health approaches such as yoga, massage, and meditation.     

In order to qualify for Social Security Disability Insurance (SSDI), you must be able to prove that your pain is so severe that it physically or mentally impairs you.  This is determined through medical evidence that includes documented symptoms and lab tests.  Additionally, to qualify, it must be proven that the condition is expected to last twelve months or more.  Although chronic pain is not a condition in and of itself to qualify a person for SSDI, such pain may be caused by another qualifying condition.        

To read more about the NIH survey, click here

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 Sherman, Federman, Sambur & McIntyre, LLP at (866)557-7500.                    

Hits: 45 0 Comments
0 votes

New Regulation Would Protect Workers Exposed to Beryllium

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Thursday, 20 August 2015
in News

OSHA has recently proposed a new regulation that would help protect workers who are exposed to beryllium.  The chemical, which is released through dust, fumes, mist and in other forms, can cause a fatal respiratory disease in those who are exposed.  Annually, 35,000 workers are exposed to the chemical and 245 new cases of illnesses related to beryllium exposure arise each year.  Such illnesses include lung cancer and chronic beryllium disease- a condition causing inflammation and scarring of the lungs.  Officials estimate that implementing new regulations would prevent 100 deaths and 50 new illness cases annually. 

The new regulation would lower the allowed exposure limit from 2.0 to .2 micrograms per cubic meter of air- 1/10th the current level.  The maximum amount of exposure time legally allowed is currently 8 hours.  Additionally, workers would be medically monitored to assess whether they exhibited early signs of beryllium related illness. 

Beryllium, a naturally occurring element, is commonly found in the aerospace and electronics industries.  Additionally, it is also used in the manufacturing of nuclear weapons.  In fact, the Labor Department compensated 2,500 nuclear workers who were exposed to beryllium at a total cost of $500 million, to date.  The chemical can also be found in dental lab work and foundry operations.  The proposed regulation would not apply to those who work in an industry in which beryllium is found in raw materials, such as at coal burning power plants, or aluminum producing facilities.   

The proposed rule is open for public comment between August 7, 2015 and November 9, 2015.  To read the proposed rule, click here.         

Exposure to beryllium, or any other toxic chemical in the workplace can cause serious health conditions.  If you have suffered adverse health effects from being subjected to exposure to a dangerous substance or condition at work, contact an experienced Workers’ Compensation attorney who can advise you of your legal rights and remedies.  Call The Law Offices of Sherman, Federman, Sambur & McIntyre, LLP at (866)557-7500.     

Hits: 51 0 Comments
0 votes

VA May Expand Benefits to Camp LeJeune Veterans and their Families

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 14 August 2015
in News

The VA is considering the expansion of the 2012 Act passed by the Obama Administration that grants benefits to veterans and their families who lived at Camp LeJeune for at least thirty days between 1953 and 1987.  Although the current Act covers 15 diseases that could result from exposure to water toxins at the base, the expansion would establish “presumptive status” for those who were exposed.  This means that veterans and their families would be able to more easily receive benefits because it will be presumed that certain illnesses are the result of the exposed veterans’ military service. 

Service members and their families who lived at Camp LeJeune in North Carolina between 1953 and 1987 were exposed to a number of toxins as a result of well water tainted by industrial chemicals.  The water was discovered to have contained cancer-causing toxins in the 1980’s, leading to a shut down of the wells. 

Despite many veterans seeking benefits for diseases linked to their service at the base, the VA continued to deny such claims until 2012 when the Honoring America’s Veterans and Caring for Camp Lejeune Families Act was passed to provide veterans with benefits for illnesses linked to Camp LeJeune.  The Act was spurred by the tragic death of a 9 year old who was born on the base and succumbed to a rare form of cancer. 

Currently, illnesses covered under the 2012 Act include esophageal cancer, lung cancer, breast cancer, bladder cancer, kidney cancer, leukemia, multiple myeloma, myelodysplastic syndromes, renal toxicity, hepatic steatosis, female infertility, miscarriage, scleroderma, neurobehavioral effects, and non-Hodgkin's lymphoma.  The VA will reimburse veterans and their family members for out of pocket medical expenses related to treatments of those conditions.  For more information regarding Camp LeJeune benefits, click here.

If you have suffered a workplace injury or have incurred a disability connected to your military service, you may be entitled to compensation.  Contact an experienced attorney who can advise you regarding your legal rights.  Call the disability and Workers’ Compensation attorneys at The Law Offices of Sherman, Federman, Sambur & McIntyre, LLP at (866)557-7500.           

Hits: 80 0 Comments
0 votes

Three New Bills Aimed at Improving Social Security Disability Insurance Program

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Monday, 10 August 2015
in Social Security Disability

Two senators have recently introduced legislation that is aimed at improving the quality of the Social Security Disability Insurance Program.  As it is expected that the reserve fund will be depleted by next year, the purpose of these bills is to ensure that funds are being used legitimately.  A 20% cut is currently scheduled for next year which would adversely affect the 11 million Americans rely on SSDI.  If passed, the proposed legislation could positively reform the current state of the program.            

The intent of the Promoting Opportunity for Disability Benefit Applicants Act grants the Social Security Administration the power to provide those who were denied SSDI benefits with information on other support services.  As the application process typically takes 100 or more days, workers are forced to wait for a decision regarding benefits when they could be re-entering the workforce.  The goal of the Act is to ultimately help workers successfully re-enter the workforce and avoid the application process cycle.

Another bill introduced, The Improving the Quality of Disability Decisions Act of 2015, requires the Social Security Administration to review decisions made by Administrative Law judges in order to guarantee that they are complying with the law, as well as SSA’s policies.  While the bill does not have a direct effect on spending, it does ensure uniformity in the consistency and quality of decisions that are made.

The third bill, The Disability Fraud Reduction and Unethical Deception (FRAUD) Prevention Act, imposes monetary penalties on those who attempt to defraud social security.  The bill expands upon Social Security’s ability to protect the taxpayer’s money by exposing and punishing fraudulent activity.  In addition to increasing the monetary penalty of a misstatement to $7,500, those who defraud could also incur a felony conviction and a sentence of ten years in prison.      

Especially considering the pending legislation, if you are unable to work due to illness, mental or physical disability, contact an attorney who is experienced in obtaining Social Security benefits for their clients.  Call The Law Offices of Sherman, Federman, Sambur & McIntyre, LLP at (866)557-7500.

Hits: 73 0 Comments
0 votes

Proposed Rule Clarifies Employer’s Duty to Report Work Injuries

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Wednesday, 29 July 2015
in Workers' Compensation

A rule proposed by The Occupation Safety and Health Administration (OSHA) would clarify an employer’s obligation in maintaining accurate records of recordable injuries and illnesses.  Although the rule will not change which types of injuries and illnesses are recordable, it will clarify an employer’s ongoing duty to report.

The injuries and illnesses that mandate reporting and are considered “recordable” include death; injuries requiring more than basic medical treatment; loss of consciousness; injuries resulting in job activity restriction; and a diagnosis of a significant injury by a health care professional.  OSHA provides specific forms to log the incidents which employers are expected to review annually to check for accuracy.  The purpose of keeping such records is to ensure that employers are maintaining a safe working environment.  Failure to maintain such records is a violation.  The proposed rule clarifies that even if an employer did not initially report the injury, they are still required to report in accordance with their ongoing duty. 

The proposed rule stems from the majority opinion in a recent D.C. Circuit case.  The court held that “a citation issued later than… six months of the first day on which the regulations require the recording…is barred by the OSH Act’s statute of limitations.”  Because the court considered the language in the OSH Act to be vague, it determined that there was no continuing obligation of an employer to report.  The proposed rule clarifies that reporting an injury, illness or death is an ongoing obligation for a period of five years.  OSHA may cite for a failure to report for up to six months after the period ends.                

The proposed rule will be available for viewing and public comment from July 29, 2015- September 27, 2015.  Click here to read the proposed rule.

If you have been injured in an employment related accident, or due to an OSHA violation, you may be entitled to receive Workers’ Compensation.  Contact an experienced attorney who deals with Workers’ Compensation matters to discuss your legal rights.  Call The Law Offices of Sherman, Federman, Sambur & McIntyre, LLP at (866)557-7500.            

Hits: 174 0 Comments
0 votes

Attorney General Settles with Company that Violated Workers’ Compensation Law

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Tuesday, 28 July 2015
in Workers' Compensation

The New York Attorney General recently announced a settlement with C&S Wholesale Grocers, Inc. after an investigation uncovered illegal employment practices in violation of Workers’ Compensation Law 120.  The law, which protects employees from being fired as a result of employment related injuries, was allegedly violated by a C&S policy which terminated employees who were injured by “preventable accidents” within the 90 day probationary period.  The Attorney General also found that the policy unfairly dissuaded workers from filing claims for Workers’ Compensation to which they were entitled.      

The tasks performed by the workers of C&S involve a great deal of heavy lifting, therefore injuries are an inherent part of such a job.  Between 2010 and 2011, eighteen workers were terminated for sustaining injuries in what the company classified as “preventable accidents.”  The investigation into C&S employment practices arose when an employee filed for Workers’ Compensation and a discrimination suit after his foot was injured due to an accident with a motorized pallet jack.  The case was heard before a New York Worker’s Compensation Law judge who ruled in favor of the plaintiff.  C&S appealed, but the appeals court found that the company was in violation of the Workers’ Compensation Law.           

As part of the settlement agreement, C&S will now be required to inform workers regarding filing Workers’ Compensation claims, in addition to changing their policy.  The company is also required to pay $$36,000 in damages to the former employee, as well as a $10,000 penalty to the Attorney General’s Office.  

If you have been injured in a work related accident, you may be entitled to Workers’ Compensation.  Call an attorney who is experienced in handling such matters who can advise you regarding your legal rights.  Contact the Workers’ Compensation attorneys at The Law Offices of Sherman, Federman, Sambur & McIntyre, LLP at (866)557-7500.           

Hits: 185 0 Comments
0 votes

Worker’s Compensation Board to Take Part in New Task Force

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Monday, 20 July 2015
in Workers' Compensation

The recent New York Times investigation of nail salon worker abuse has led to the creation of a statewide New York task force announced by Governor Cuomo that will protect workers in a number of additional industries known for exploiting its workers.  The task force will focus their investigations on industries in which workers are least likely to come forward to report abuse or exploitation.  Such industries are usually comprised largely of an immigrant workforce and include: nail salons, restaurants, construction, car washes, cleaning, farming, home health care, etc. 

Many workers in those industries are often most vulnerable due to their legal status.  Additionally, those industries also pose a high risk of injury and illness which many workers are hesitant to report for fear of retaliation from their employers.  The new task force will work to create safer conditions for these employees, as well.

The task force will commence its investigations by looking into complaints that were made by workers to the State and advocacy organizations.  Such complaints include issues surrounding unsafe working conditions, wage theft, retaliation, and human trafficking.  Additionally, the investigation will also look into workers who were exploited by unfair wage deductions and unscheduled hours.  The task force will take into consideration a number of factors in determining where to focus their efforts, including the dangerousness of the industry; reported deaths; number of violations; percentage of immigrant workers; and whether the workers are geographically isolated.  Workers are now able to contact the Task Force Hotline directly at 1-888-469-7365 to make an anonymous complaint. 

In addition to the Worker’s Compensation Board, a number of other organizations have formed a committee and will be taking part in the task force by meeting monthly.  The New York Civil Liberties Union, New York Immigration Coalition, Farm Bureau, and Empire Justice Center are among the numerous committee members.

If you are a worker who has suffered injury due to unsafe employment conditions, contact an experienced Worker’s Compensation attorney who can advise you of your legal rights.  Call Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.

Hits: 216 0 Comments
0 votes

Prison Health Care Providers Implement New Safety Measures

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Tuesday, 07 July 2015
in SFSM

Those who work in prisons face an inordinate amount of danger each day.  They are constantly at risk of being attacked by people capable of extreme violence.  Health care workers in prisons are especially at risk of violent attacks due to the close contact they must have with inmates in order to examine and treat them.

Last year, Corizon Health, Inc. was issued OSHA violations and $71,000 in fines for failure to adequately protect its employees from workplace violence.  The company provides health care (including dental and psychiatric) to inmates at correctional facilities across the nation, including Riker’s Island.  Between 2011 and 2013, the company saw a sharp increase in violent incidents occurring to health care workers.  Over the course of the two years, violent incidents occurring to the health care workers rose from eight to thirty-nine.

Among the incidents cited by OSHA were health care workers experiencing punches to the face, exposure to bloodborne pathogens being thrown, being targeted on a “hit list,” assaults, and being knocked unconscious. 

To address the issues that have arisen regarding health care worker safety in correctional facilities, Corizon has implemented new procedures and protocols following the OSHA guidelines.  The development of new training measures, improved record keeping and incident reporting, as well as workplace violence prevention policies are expected to help provide safeguards to workers.  Panic alarms will also be installed, as well as proper barriers.  Additionally, health care workers must be accompanied by a corrections officer while treating inmates.  Corizon will pay a total of $38,000 in OSHA fines, reduced from the original sum of $71,000. 

Workplace violence can result in severe injury, inability to work, and sometimes even death.  If you are a health care worker who has been seriously injured as the result of doing your job, contact an experienced Worker’s Compensation attorney who can advise you of your legal rights and remedies.  Call The Law Offices of Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500. 

 

             

Hits: 234 0 Comments
0 votes

Proposed Legislation Would Allow Uniformed Workers 75% of Their Salary for Retiring on Disability

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Tuesday, 09 June 2015
in Disability Pensions

If passed, de Blasio’s amended disability pension legislation could be a triumph for disabled workers.  The changes made to the original bill would allow three-quarter pensions for uniformed workers hired after 2009 retiring on disability, as well as workers who suffered severe injuries on the job.  The original proposed plan gave uniformed workers only 50% of their salaries and was met with backlash from critics who said that 50% was too low for workers who risk their lives on a daily basis to perform their duties. 

The proposed changes to the bill also leveled the field by giving newer hires the same disability benefits as those who were hired prior to 2009.  Under the original bill, uniformed workers hired post 2009 would have been forced to live on $27 a day if they were injured in the line of duty.  Uniformed workers covered under the proposed bill include sanitation workers and corrections officers, as well as police officers and firemen.  However, in order to receive the disability benefits, workers would have to qualify for social security first, which has also been a source of contention for union advocates backing the NYPD and NYFD.     

It is estimated that the 75% pension plans would cost the city $342 million between 2015 and 2019.  De Blasio’s original disability pension plan was calculated to cost the city $47 million.

Uniformed workers are subjected to physical harm daily in the workplace, and risk their lives for the public.  In addition, due to the conditions of their employment, they face a number of work related health conditions such as the risk of developing various cancers, stress, sleep deprivation related conditions, depression issues, and heart attacks.  According to statistics, firefighters have significantly higher rates of testicular cancer, non-Hodgkin’s lymphoma, prostate cancer, and multiple myeloma, than the general population.  Additionally, due to hectic work schedules and stress, and other factors affecting metabolism, studies have shown that police officers are 8% more likely to develop obesity issues than their civilian counterparts.          

If you have been injured during the course of your employment, contact an attorney who is experienced in dealing with disability benefits.  Call The Law Offices of Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.  

Hits: 326 0 Comments
0 votes

OSHA Censures Staten Island Construction Company

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Tuesday, 02 June 2015
in News

The employment related death of a construction worker sparked a six month investigation of the company for which he worked.  The worker was killed last November, after being crushed and asphyxiated by a mezzanine that fell from a car dealership the crew was demolishing.

The investigation found numerous violations both prior to and during the demolition, including:

  • Failure to initiate programs to inspect the worksite, materials, and equipment
  • Failure to properly inspect the demolition site
  • Failure to conduct an engineering survey prior to the demolition
  • Failure to obtain a valid permit to demolish the building
  • Failure to properly train employees
  • Failure to inspect support walls and floors for the potential to collapse
  • Failure to keep a record of workplace injuries and illnesses

This was not the first death that resulted from the construction company’s negligence.  The owner had pled guilty to criminally negligent homicide several years ago when he had admitted he knew the trench he had sent a worker into was not safe.  Similar to the recent occurrence, the worker was also asphyxiated when the trench caved in on him. 

OSHA has released statements regarding the company’s disregard for safety protocol.  The Staten Island OSHA director stated that the worker would not have been killed had proper demolition procedures been taken.  However, OSHA is waiting for the findings of the DA’s office to release further commentary regarding the possibility of criminal prosecution for the construction company’s owner.  OSHA has fined the company $121,000 for “willful,” “serious,” and one “other than serious” violations.          

If you have been seriously injured at the workplace, contact an experienced attorney who is knowledgeable about Worker’s Compensation claims to discuss your legal rights and remedies.  Call The Law Offices of Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.  

Hits: 302 0 Comments
0 votes

Can You Be Denied Worker’s Compensation for Not Taking Medication?

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Monday, 01 June 2015
in SFSM

Many people who receive Worker’s Compensation for injuries that occurred at the workplace are prescribed painkillers to take for the pain resulting from the injury.  It is not unusual for someone receiving Worker’s Compensation benefits to be tested for drugs.   In fact, a worker’s privileges to compensation may be denied in some circumstances if they have evidenced that they have been using certain drugs.  However, in one worker’s case, the company he worked for attempted to deny his wage replacement benefits because there was no evidence of drugs in his system.  In this case, the drug test revealed that the worker was not taking the prescribed opiod, Kadian which he was prescribed for back pain due to a workplace accident that occurred over ten years ago. 

The worker was required to take urine tests regularly to prove that he was taking the medication.  The company argued that the employee was violating the Worker’s Compensation provision against making fraudulent representations for the purposes of receiving the benefits.  However, the lower court found that it was unnecessary to penalize the worker because although his testimony was discredited, there was no evidence that he was selling or distributing the unused medication.  The company appealed.   

The New York Supreme Court Appellate Division recently heard the argument and affirmed the lower court’s decision, holding that the worker could continue receiving his compensation benefits and should not be penalized for failure to take the prescribed medication. 

To read the decision, click here.

If you have been in an accident at your job that prevents you from working, you may qualify for Worker’s Compensation.  Contact an attorney who is experienced in handling these matters who can ensure that your rights are protected.  Call the attorneys at Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.        

Hits: 279 0 Comments
0 votes

New Legislation Introduced Aimed at Reducing Asbestos Exposure for Workers

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 29 May 2015
in SFSM

Last month, two senators proposed new legislation called the READ Act (Reducing Exposure to Asbestos Database) which would update the 1988 Asbestos Information Act.  The new legislation would require companies to continually update the database with information regarding known asbestos locations.  The bill is aimed at limiting exposure to asbestos and would require companies who handled products containing asbestos to update the database annually, instead of the previously required one time initial reporting. 

Although new use of asbestos products has been banned in the United States, many new cases of asbestos related illnesses result from exposure from decades ago.  10,000 Americans die of asbestos exposure each year with many workers still being exposed to it on a daily basis from asbestos that still remains in many older buildings.  In many cases, symptoms do not arise until years later when it may be too late for successful treatment.  In a recent case, workers who removed asbestos from a courthouse in Missouri three decades ago have filed suit for medical expenses and damages.

Additionally, it is estimated that 100,000 have died, or will die, as a result of mesothelioma resulting from exposure to asbestos in shipyards alone.  Similar to lung cancer, it can take sometimes up to thirty five years for symptoms of mesothelioma to surface.  In addition to shipyard workers, high risk groups for mesothelioma include Navy veterans, those who have been employed at power or machinery plants, electricians, construction workers, plumbers, etc.        

If you have been exposed to asbestos during your employment and are suffering from an asbestos related illness, contact an experienced Worker’s Compensation attorney who will strive to ensure that you receive the compensation you deserve.  Call The Law Offices of Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500. 

Hits: 291 0 Comments
0 votes

New York Times Investigation Reveals Nail Salon Workers Subjected to Health Risks

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Wednesday, 20 May 2015
in SFSM

According to a recent investigation by the New York Times, nail salon workers are some of the most overworked, mistreated, and underpaid workers in New York.  In addition, many of them face serious health risks due to the fumes and chemicals to which they are subjected on a daily basis.   

Most of the nail salon workers interviewed during the Times investigation were immigrants from Korea or China, and occasionally Latin America, Nepal or Tibet.  The Times found that some of these workers were earning a wage as little as $10 per day.  $35 is considered to be very good pay by those working in the nail salon industry.  In many cases, their employers even keep their tips, and offer no overtime pay.  In addition to the deplorable employment working conditions employees face, many of the workers are forced to go home to overcrowded and unsanitary living arrangements. 

Due to the salons not being properly ventilated, many of these workers face medical ailments such as respiratory and skin issues, nose bleeds, headaches, and sore throats, in addition to the physical pain that comes from being hunched over all day, and sore hands resulting from massaging other people’s hands and scrubbing calluses from feet for hours on end.  In many cases, women are not given gloves to protect their hands or proper masks to protect from inhalation.  Chemicals in products used for manicures include dibutyl phthalate, toluene and formaldehyde.  Nail products are not regulated by the FDA and therefore, the long term health effects have not been studied by exposure to these products.  Tragically, in the nail salon industry, miscarriages and birth defects are all too common among women of child bearing years as a result of being over-exposed to these toxins. 

As a result of the New York Times expose, Governor Cuomo issued an emergency order to protect nail salon workers until more permanent measures can be in place.  Such measures include increasing safety measures requiring protective gloves; ordering back pay for lost wages; and an educational campaign that would distribute materials in six languages about the rights, health, and safety of nail salon workers.      

If you are a manicurist, or work in the cosmetics industry and have developed an illness as a result of your employment, you may be able to assert a Worker’s Compensation claim.  Contact the experienced attorneys at Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.

Hits: 271 0 Comments
0 votes

Recent Survey Indicates Large Percentage of Fibromyalgia Patients Not Receiving Disability Benefits

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Tuesday, 19 May 2015
in SFSM

Anyone with fibromyalgia knows how debilitating the condition is, and how difficult it is to perform job functions that you may have been able to previously.  While the condition affects 5 million adults, only 25 percent are receiving disability benefits.  A recent survey conducted by ProHealth.com has found that out of the 316 participants, 60% had fibromyalgia.  68% of the participants were not receiving disability benefits at all.  The two most popular responses as to why the survey participants were not receiving disability were that they either felt guilty asking for it, or could not afford to be out of work for two years while awaiting approval.  For those who did make claims, 75% had not involved a lawyer. 

Even for those who apply for social security disability for fibromyalgia, the outcome is uncertain.  The Social Security Administration issued new standards in 2012 to determine disability eligibility based on fibromyalgia symptoms.  Previous to the new guidelines, a fibromyalgia claim was not necessarily viable.  In determining the eligibility for a claim, the Social Security Administration will look at whether:

  • There is at least a 3 month history of widespread pain
  • At least 11 of the 18 tender points are found on examination
  • Evidence from other disorders were excluded

The SSA also requires medical documentation for a period of 12 months prior to the application date.  Documents should include medical evaluations from a physician, and possibly a psychologist.  The SSA will also take into consideration evidence of a person’s day to day functioning as reflected by the statements provided by friends, neighbors, clergy, past employers, counselors, or teachers.  The SSA will also have their personnel evaluate you in a multiple step process considering:

  • Work history
  • Severity of symptoms
  • Whether the impairments meet medical criteria
  • Whether you are capable of performing past work

If you are capable of doing past work, then you do not qualify for disability.  If you are denied your claim, you may appeal.  Many people have found more success with the appeals process.

Navigating through the Social Security Disability system is often frustrating and confusing.  If you are experiencing the debilitating pain of fibromyalgia and can no longer work, it is best to contact an attorney who is experienced in handling such claims.  Call The Law Offices of Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.  

Click here to see the results of the ProHealth.com survey regarding work disability.

Hits: 323 0 Comments
0 votes

OSHA Renews Alliance with the Coordinating Committee for Automotive Repair

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 15 May 2015
in News

Working in a car repair shop can be a hazardous job.  Each day, mechanics and other employees inhale fumes, work with toxic chemicals, and handle heavy and dangerous equipment.  OSHA has recently renewed its relationship with the Coordinating Committee for Automotive Repair to ensure that those who work in car repair shops receive proper training and information regarding health and safety in the workplace. 

Those who work in automotive repair shops should be supplied with and wear proper safety gear, including protective eye wear, gloves, and foot wear.  In addition, because workers are required to handle heavy equipment, they should be trained in proper lifting techniques to avoid back or other injury.  Additionally, certain positions may require specialized training and certification. 

The objectives of the OSHA and Coordinating Committee for Automotive Repair include implementing training and safety measures with additional focuses on lift safety, Absorbed Glass Matt batteries, and contaminated refrigerant.  The alliance intends to use data from Worker’s Compensation, injuries and non-injury data, and existing information regarding health hazards in the industry to improve safety efforts. 

If you are an auto mechanic, it is important that your employer provide you with proper safety gear and a well ventilated and well-lit area in which to work, as well as adhere to OSHA safety standards.  Although some minor injuries in the auto repair shop may be unavoidable such as small cuts and bruises, exposure to certain chemicals can cause lasting damage.  Many products that workers use contain asbestos and lead which can cause respiratory illnesses, kidney disease, neurological illnesses, and permanent disabling or debilitating injuries. 

If you have been employed in an auto repair shop and have been injured while working, you may qualify for Worker’s Compensation.  Contact an experienced attorney who can help guide you through the process.  Call the attorneys at Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.

Hits: 292 0 Comments
0 votes

Performance Artists Face High Risk of Workplace Injury

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Monday, 11 May 2015
in SFSM

When one goes to see a show such as Cirque du Soleil, spectators see a performance that allows them to retreat into their imaginations for a while.  What they don’t necessarily see, however, are the injuries that can affect so many of the performers.  According to OSHA, Cirque du Soleil’s Las Vegas show has been ranked 79th most dangerous workplace out of 52,000 nationwide.  The injury rate for these performers is four times greater than professional sports teams.  Additionally, in many cases, performers do not receive just compensation and will never be able to perform again.

While many of the injured performers receive Worker’s Compensation, the system is not geared toward the specific nature of performance, and companies such as Cirque du Soleil do not have provisions in the performers’ contracts like those of professional athletes.  This means that many of these performers will be left without adequate compensation for their injuries and an inability to earn a living.  In one case, a performer’s pay dropped 85% after her injury due to the cap placed on Worker’s Compensation payouts.  The price tag placed on her permanent ankle damage was $170,000, after she disputed the initial $45,000 she was offered.  Due to her injury, the former Olympian will never be able to perform again.

In another tragic case, a performer was killed when her harness did not work properly.  Despite the performer’s concern about the equipment, the company did not take proper safety precautions.  After an OSHA investigation, the company and the casino in which it was housed were fined for safety violations.  The company also settled a lawsuit with the performer’s children.

Being a performance artist can be a dangerous occupation and result in serious injury.  If you are a performer who has been involved in a work related accident, contact an attorney who has experience dealing with these matters and will ensure you receive the compensation you deserve.  Call The Law Offices of Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.     

Hits: 368 0 Comments
0 votes

Heightened Risk of Danger for Construction Workers on Scaffolds

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Saturday, 25 April 2015
in SFSM

The New York Committee of Occupational Safety and Health recently issued an alarming report regarding their findings of the hazardous conditions construction workers face in New York.  While construction workers make up 4% of New York’s workforce, the occupation also accounts for 20% of New York’s worker fatalities.  The Committee found that workers who work at elevated heights are at increased risk for accident and most OSHA violations occur in this category.  65% of construction workers are working at elevated heights on scaffolds, therefore, most construction workers are adversely affected by the risks associated with working at elevated heights.  The Committee reported that two-thirds of construction sites visited were issued citations for serious violations.  Additionally, most of the scaffold violations were found to occur at non-union sites, which are responsible for 79% of fatal construction accidents, according to OSHA.

Many tragic deaths could have been prevented by implementing basic safety protocol.  In one case, a worker fell from a ladder simply because no one was available to hold it.  The employer was only charged a $4,000 fine.  In another case, a worker in his early twenties fell to his death because his harness was not attached to an independent anchorage.  The New York City Department of Building inspectors have also cited instances of preventable tragedies due to unsecured planks, lack of protection systems on balconies, failure to install guardrails, failure to erect a scaffold properly, and cross braces missing.  Due to the low number of OSHA inspectors, many violations go unnoticed.     

The report also found a disproportionate number of Latino/immigrant deaths resulting from falls.  OSHA has launched a bilingual campaign to educate workers who many not speak English about fall hazards and safety measures.  

Construction company owners are rarely criminally prosecuted for these violations.  Over the course of 35 years, only 84 cases have been prosecuted.  A landmark case occurred recently in Staten Island when a construction company owner was charged with criminally negligent homicide as a result of the death of one of his workers.  For a conviction of criminally negligent homicide, a class E felony, an offender can receive up to 1 ½ -4 years jail time in New York.  OSHA violations resulting in loss of human life may be prosecuted, resulting in up to a 6 month prison sentence or fine of $250,000-$500,000.  However, more commonly issued for the violations are basic monetary penalties which are not paid 30% of the time.     

If you have been injured in a work accident, you may qualify for Worker’s 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 attorney who is experienced with construction accidents who will fight for your rights.  Call The Law Offices of Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.   

        

Hits: 284 0 Comments
0 votes

OSHA and Airline Ground Safety Panel renew alliance

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Thursday, 16 April 2015
in SFSM

Many accidents can occur on the runway of an airport.  Airline ground personnel run a risk of being struck by heavy objects, and even coming into contact with hazardous chemicals.  In addition, ground personnel frequently operate equipment such as hi-life trucks, jacks, dollies, refuelers, loading devices, and pushback tugs.  As a result, working as ground personnel at an airport requires special safety training to avoid injuries in what can be hazardous conditions.

As a result of the safety issues facing airport grounds personnel on a daily basis, OSHA formed an alliance with the Airline Ground Safety Panel in 2008. The Alliance was just renewed for the second time on April 8, 2015 for another five years.  The Alliance implemented training resources and safety guides identifying potential hazards and solutions to prevent vehicle accidents, falling objects, amputations, pinch point injuries, collisions, and other injuries.  It plans to continue educating airline workers about employee safety, rights and responsibilities.

Employers have a responsibility to provide a safe workplace.  However, an average of thirteen workers each day are still killed, and another four million workers a year are seriously injured as a result of their job duties.  If you have been injured as a result of an unsafe working condition, you may be able to file a Worker’s Compensation claim.  Contact an experienced New York attorney who will fight for the compensation you deserve.  Call The Law Offices of Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.            

Hits: 406 0 Comments
0 votes

Clothing Store Receives OSHA Citations for Locking Emergency Exits

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Sunday, 05 April 2015
in SFSM

New York clothing retailer Conway has been cited with OSHA violations at least three times at two of its Bronx locations for locking and blocking emergency exits, thus creating the hazardous conditions for its employees and customers and the potential for preventable tragedies.  Despite OSHA inspections, the company willfully violated the safety warnings and continued the practice of locking the exits. 

The Conway violations are reminiscent of the conditions that led to the most fatal industrial accident in U.S. history which occurred in 1911 in New York City.  The 146 deaths and 71 injuries resulting from the Triangle Shirtwaist Factory fire would have been entirely preventable had workers been able to escape the flames.  However, the building’s exits and stairwells were kept locked by the owners, causing senseless death and injury.

As a result of this tragedy, many labor reforms were spurred and laws were developed to help protect workers.  However, despite modern safety regulations, many violations still occur over 100 years later. 

In addition to citations for locking emergency exits, Southern Island Stores, LLC (the parent company of Conway), was also cited for ineffective extermination of rodents due to the serious health risks workers face who are exposed to vermin.

In the event of a fire or serious emergency, having to locate keys and take the time to unlock emergency exits places workers in situations that could mean the difference between life or death.

OSHA workplace safety standards for exit routes include:

  • A workplace must generally have at least 2 exit routes for evacuation that lead to outside
  • Exit route doors must not be obstructed, or restricted by locks or alarms that would restrict their use
  • Ceilings of exit routes must be 7 feet 6 inches at minimum
  • Exit doorways must be at least 28 inches wide

In addition, employers are required to have an emergency exit plan that must be written and available to employees in a company of ten or more.  A company with fewer than ten employees may orally communicate the exit plan.  The emergency exit plan should include a list of procedures for reporting emergencies, evacuating, medical rescue, and information regarding the alarm alert system.   

If you have been seriously injured at work due to your employer’s negligence and safety violations, you may be eligible for Worker’s Compensation.  Consult with an attorney who is experienced in handling Worker’s Compensation claims who can ensure that you will get the compensation you deserve.  Contact the attorneys at Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.

   

 

Hits: 293 0 Comments
0 votes

NPR Reports Insurers Gaining Control in the California Worker’s Compensation System

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Wednesday, 01 April 2015
in SFSM

According to a recent report by NPR, the worker’s compensation system in California is giving too much control regarding medical decisions to employers and insurers.  The State Compensation Insurance Fund, a quasi-governmental agency, employs anonymous independent medical reviewers.  The reviewers, who are not required to be licensed in the state, have the power to make decisions regarding treatments without ever examining the worker.  Many believe that too much deference is given to the reviewers, who side with the insurance companies 90% of the time. 

In the case of a worker who was injured in a work accident in 1997, reforms made to the California worker’s compensation system have denied her the continuation of effective treatment which included pain medications and a home aide.  This worker might never be able to use her feet again, and suffers from what is known as chronic or complex regional pain syndrome.  After the State Compensation Fund reviewed only the worker’s medical paperwork, and not her actual injuries, the reviewer determined that the medication and the home aide were not helping her recover and thus, denied her request.

Because the reviewers are anonymous, it is impossible to override their decisions or even depose them for trial purposes. 

In another heartbreaking case, a worker who suffered from job related injuries which resulted in paralysis is unable to live at home because his request for modifications to his home for wheelchair access were denied.  Even though his doctor prescribed $170,000 in home modifications, an independent medical reviewer employed by the California Insurance Guarantee Association rejected the prescribed modifications.  However, after NBC4 News in Los Angeles featured the story, the CIGA approved the modifications and publicly announced that the claim was not handled properly.

Click here to read the full NPR story.    

Click here for the audio transcript. 

If you have suffered from a workplace injury, contact an experienced worker’s compensation attorney who will fight for your rights.  Call The Law Offices of Sherman, Federman, Sambur & McInytre, LLP at (866)557-7500.

Hits: 510 0 Comments
0 votes
 

Additional Information Relative to Filing a Worker's Compensation Claim - English

Sherman, Federman, Sambur, & McInture, LLP is a Long Island, NY based workers’ compensation firm. We provide services to the greater New York area including but not limited to Brentwood, Garden City, Hempstead, Islip, Manhattan, Riverhead, essentially all of Long Island (Nassau and Suffolk county), Sysosset, Bay Shore, Hampton Bays, East Hampton, West Hampton, the North Fork, New Jersey, Connecticut, Pennsylvania, Massacheusetts the South Fork, Down Island, the North Shore, the South Shore, Mattituck, Jamesport, Cutchogue, Commack, Wyndanch, Longbeach, Queens, the Bronx, Brooklyn, etc. We cover all urban, suburban and rural areas alike (i.e., the entire Tristate area).

Services include workers accident, workers compensation, social security disability, and veterans disability. We have worked with and represent heart attack patients, herniated discs, those injured on the job, pertaining to occupational disease illness for bread winners, the elderly/old, exclusive remedy requires, death benefits, fraud, office related injury, posttraumatic stress syndrome, abogado, lesions, compensation, laborales, en mass, section 32, HEP C, hepatitis, permanent disability, pre-existing conditions, 3rd party injuries, neck injury, sue worthy, employer induced, 32 settlements, WCB permanent-partial, carpal tunnel, car crash, arthritis, CRPS, temporary partial, TPD, complex regional pain syndrome, etc.

We are the best law attorneys/work injury lawyers/SSI and SSD attorneys, located in New York City. We can provide a free consultation for your case. Simply fill out our NY state intake form. There is also a printable version available via that same new client intake form link.

Where can I file a workers comp, SSD (social security disability), veterans claim in New York? Please contact us to set up an appointment!

Please view our testimonials above via the top-most navigation menu. You may also view our frequently asked questions (FAQ) pertaining to your SSI/SSD/Worker's Comp claim.

Moreover, please contact us with any questions related to: withdrawal, workers comp forms relative to NY/NJ/CT, NY workers compensation laws, Suffolk County and Nassau County WC Laws, questions regarding doctors in Long Island who may be able to assist with your comp case, "When should I get an attorney for NYS WC case?", filing for benefits, repetitive motion, all WC related forms and, potential fees and awards for your case, questions related to the WC board, questions relative to changing your reward, average weekly wage, reopening a workman’s comp case, SSI Attorneys and assistance, questions regarding making/filing another application whilst you have a pending appeal, reopening post-decision cases, voluntary withdrawal from the workforce, "Who pays for workers comp?", judge(s), spine stimulators, how to begin your WC case with SFSM via www.nycomplaw.com, wages and wage estimates, claiming your rewards for a filed case and the respective guidelines to winning.

Regardless of the outcome, Sherman, Federman, Sambur, & McIntyre, LLP is here to help. And our success is driven by our combined passion to help you!

El pariente adicional de Información para Archivar una Pretensión de Indemnización Laboral - Espanol

Sherman, Federman, Sambur, y McInture, LLP es una Larga Isla, Nueva York basó a la firma de compensación por accidentes de trabajo. Le proveemos los servicios al mayor área de Nueva York incluyendo pero no limitado a Brentwood, la Ciudad Jardín, Hempstead, Islip, Manhattan, Fuente de Un Río, esencialmente todo Sysosset Bastante Isleño,, Costa Baya, Hampton Bays, Hampton del este, West Hampton, el North Fork, Nueva Jersey, Connecticut, Pensilvania, Massacheusetts lo Al Sur Tenedor, la Isla Caída, el North Shore, lo Al Sur Costa, Mattituck, Jamesport, Cutchogue, Commack, Wyndanch, Longbeach, las Reinas, el Bronx, Brooklyn, etcétera (Nassau y condado Suffolk). Cubrimos todas áreas urbanas, suburbanas y rurales por igual (i.e., el área entero Tristate).

Los servicios incluyen accidente de trabajadores, compensación de trabajadores, incapacidad de seguro social, e incapacidad de veteranos. Hemos trabajado con y representamos a los pacientes de ataque al corazón, los discos herniados, esos heridos en el trabajo, relacionado con la enfermedad de enfermedad profesional para ganadores de pan, las personas de edad/viejas, el recurso exclusivo requiere, beneficios por muerte, fraude, la oficina relató lesión, síndrome postraumático de estrés, abogado, lesiones, compensación, laborales, masa en, sección 32, HEP C, la hepatitis, la incapacidad perpetua, condiciones preexistentes, lesiones 3 de fiesta, la lesión del cuello, entable demanda digno, el empleador inducido, 32 acuerdos, WCB parcial en la permanente, el túnel del carpo, el accidente automovilístico, la artritis, CRPS, el empleado eventual parcial, TPD, complique síndrome regional de dolor, etcétera.

Somos los abogados de ley de mejor abogado /trabajo de la lesión del abogado /Ingreso Suplementario de Seguridad y SSD, localizado en la ciudad de Nueva York. Podemos proveer una consulta libre para su caso. Simplemente llene nuestra forma de la toma del estado de Nueva York. Hay también una versión imprimible disponible por ese mismo nuevo enlace de la forma de la toma del cliente.

¿Dónde puedo reportar a unos trabajadores comp, SSD (la incapacidad de seguro social), pretensión de veteranos en Nueva York? Aquí mismo en Sherman, Federman.

Por favor mire nuestros testimonios arriba por el menú que se sobrepasa más de navegación. Usted también puede mirar nuestras preguntas preguntadas (el archivo de preguntas frecuentes) frecuentemente relacionado con su la pretensión Comp DE SSI/SSD/Worker.

Además, por favor contáctenos con cualquier preguntas con las que se relacionó: El retiro, ¿ las formas del comp de trabajadores referente a NY?, Solicitando beneficios, moción repetitiva, todo WC formas relacionadas y, premios y retribuciones potenciales para su caso, las preguntas se relacionaron con el pizarrón WC, preguntas referente a cambiar su recompensa, salario medio semanal, reabriendo un trabajador Abogados comp de caso, de Ingreso Suplementario de Seguridad y la asistencia, tiene objeciones acerca de referente a la confección /limadura otra aplicación aun mientras usted tiene una súplica pendiente, reabriendo casos de postdecisión, retiro voluntario de la población en edad laboral, ¿ "quien paga para trabajadores comp"?, El juez (s), los estimuladores de la columna vertebral, cómo empezar su caso WC con SFSM por medio de www.nycomplaw.com, sueldo y salario estima, pidiendo sus recompensas como demanda por un caso archivado y el respectivo conjunto de directrices a ganar.

Sin tener en cuenta el resultado, Sherman, Federman, Sambur, y McIntyre, LLP es aquí para ayudar. ¡Y nuestro éxito es conducido por nuestra pasión combinada para ayudarle!