Subscribe to feed Latest Entries

Nurses Face Increased Risk of Workplace Violence

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Monday, 02 March 2015
in SFSM

The Occupational Safety and Health Act (OSHA) has estimated that 2 million Americans a year are subjected to violence in the workplace.  Specifically, there has been new light shed on the violence that many health care providers face on a daily basis.  Nurses are most likely to experience violence, with up to 82% of emergency room nurses reporting that they have been the subject of physical violence, and 100% claiming they had been subjected to verbal violence, according to a survey conducted by the Emergency Nurses Association. 

Last month, the issue of workplace violence for nurses rose to the forefront when a cardiologist was shot at a Boston hospital, allegedly upset over his mother’s death.  Although shootings at hospitals are not common, violent crimes in hospitals have been increasing as reported by the Bureau of Labor Statistics. Emergency room nurses and nurses who work in psychiatric wards are among those employed by the profession that faces the highest risks of injury resulting from violence in their workplace.  Many of those who attack nurses are under the influence of alcohol or narcotics, or suffer from mental illness.  Last year, a 70 year old nurse went into a coma and suffered brain damage as a result of a patient repeatedly kicking her in the head at a New York hospital.  OSHA found that particular hospital had 40 incidents within 3 months, failing to take proper measures to prevent such scenarios from occurring.       

As well as violence causing injury in the workplace, nurses also face a number of other job related injuries and illnesses that are prevalent in the profession.  Back injuries, slip and falls, exposure to chemicals and diseases, and the injuries that may arise from a patient’s violent episode can all contribute toward a Worker’s Compensation claim if you have to miss work due to your condition.

If you are a nurse who has been the victim of workplace violence or suffered injury as a result of performing your job, you are eligible to file a  NYS worker’s compensation claim.  Contact an experienced workers’ compensation attorney who will work aggressively to secure full and appropriate compensation for your injuries. Contact Sherman, Federman, Sambur & McIntyre at (866) 557-7500.

 

New York Social Security Disability Attorneys

Hits: 17 0 Comments
0 votes

ABLE Creates Long-Term Planning Solution for Disabled Americans

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Monday, 23 February 2015
in SFSM

In order to qualify for federal programs like Medicaid or Supplemental Security Income (SSI), a person can’t have more than $2,000 in cash savings or other assets. As a result, many disabled individuals are discouraged from working or setting aside money for long term expenses, since they don’t want to put their benefits at risk.

A traditional planning solution that many permanently disabled individuals have as means to provide for long term care beyond government benefits, has been to create a special-needs trust. However, many people receiving Medicaid and SSI benefits, do not have the extra money to hire the necessary legal services to produce a trust.

This past December, however, congress passed the Achieving a Better Life Experience Act, more concisely referred to as ABLE.  Essentially, ABLE creates a lower-cost of means for the disabled and their families to save for long-term needs without jeopardizing their federal benefits.

According to the New York Times, disabled people and families with children who have special needs can pay into the accounts. So long as the money is spent on pre-approved categories of expenditures for the beneficiary, withdrawals from the accounts will not be taxed. Such pre-approved expenditures include, housing, education, transportation, health care and rehabilitation.

ABLE accounts have an annual contribution limit of $14,000 and can grow to $100,000 without effecting S.S.I. benefits. To qualify you must have been disabled before age 26. While specific regulatory are still emerging, anyone eligible for S.S.I. benefits will likely be eligible for ABLE.

Additionally, if you or a loved one have any questions regarding your workers benefits, social security, or disability benefits contact our experienced attorneys at Sherman, Federman, Sambur, & McIntyre, LLP at (866)-557-7500 or click here to speak with our office.  

Hits: 37 0 Comments
0 votes

Sherman, Federman, Sambur & McIntyre, LLP Plays Important Role in Major Breakthrough Related to 9/11 Volunteers

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 30 January 2015
in SFSM

Sherman, Federman, Sambur & McIntyre, LLP recently played an important role in protecting the rights of 9/11 volunteers in the Jaime Hazan case.  This case was recently reported on the front page of the New York Law Journal, Long Island’s News 12, Fox News, the New York Daily News and WALK radio.  The case is being cited as greatly expanding the Workers’ Compensation rights of 9/11 Volunteers.  This media coverage is almost unprecedented in the field of Workers’ Compensation.

Article 8-A of the Workers’ Compensation Law affords Workers’ Compensation benefits to volunteers who participated in the rescue and recovery efforts surrounding 9/11.  One of those injured as a volunteer was Jaime Hazan.  Sherman, Federman litigated this case extensively, winning the case at the Workers’ Compensation Board level.

            The Uninsured Employers’ Fund, on behalf of the World Trade Center Volunteer Fund, appealed the determination of the Law Judge.  They argued that despite the fact that Mr. Hazan presented pictures, affidavits and other evidence that he participated in the rescue and recovery efforts at ground zero, he could not be defined as a volunteer because of Final Revised Order of the Chair 967.  This is an internal order of the Workers’ Compensation Board not to award World Trade Center Volunteer Benefits to volunteers that did not formally register with or serve under the direction of an authorized rescue entity or volunteer agency.  Thus, although Mr. Hazan proved he participated in the rescue and recovery efforts to the satisfaction of the Law Judge presiding over his case, his rights to benefits were being appealed because he did not formally register with a volunteer agency or rescue entity.  

            Sherman, Federman filed a rebuttal, or written response to the appeal, containing multiple legal arguments.  We argued that nowhere in the law was there any such requirement to register with a volunteer agency or rescue entity as a precursor to receiving 9/11 volunteer  benefits.  In fact, according to the way the law was drafted, the 9/11 Volunteer Workers’ Compensation law was to be interpreted broadly and not restricted.  Thus, Revised Order of the Chair 967 was contrary to the purpose and intent of the law.  Unfortunately, the Workers’ Compensation Board reversed stating that because Mr. Hazan did not satisfy Final Revised Order of the Chair 967, he could not be awarded 9/11 Workers’ Compensation Volunteer Benefits.

            Sherman, Federman advised Mr. Hazan that the Workers’ Compensation Board was misinterpreting the law and encouraged him to seek alternate counsel specializing in appealing to a higher court, the Appellate Division, 3rd Department. Mr. Hazan ultimately retained Michael Hutter and the Pro Bono Appeals Program in Albany to prepare appropriate briefs for that court and argue the appeal. On June 5, 2014 the Appellate Division ruled that the Final Revised Order of the Chair 967 could not bar Mr. Hazan’s claim for 9/11 volunteer benefits as it was contrary to the law.  The case has presently been restored to the Workers’ Compensation Board for further proceedings.

The significance of this ruling is that World Trade Center Volunteers who did not register with an authorized rescue entity or volunteer agency may now apply for Workers’ Compensation benefits and have their cases heard on the merits.  This ruling will hopefully open the door to an entire class of volunteer rescue and recovery workers who have been otherwise barred from receiving benefits at this point.  The Governor’s office is reportedly reviewing the decision of this case to determine whether to rescind Revised Order of the Chair 967.

Many of the Legal Arguments, originally advanced by Sherman Federman in the Rebuttal to the Appeal at the Workers’ Compensation Board level, were cited in the Appeal to the Appellate Division by Mr. Hutter and the Pro Bono Appeals Program in their brief and ultimately by the Appellate Division, 3rd Department.

We congratulate Mr. Hazan, Mr. Hutter and the Pro Bono Appeals Program for a job well done and for the impact this case will likely have on other World Trade Center Volunteers. 

New York Social Security Disability Attorneys

Hits: 83 0 Comments
0 votes

Potential 2015 Workers’ Compensation Legislation

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 23 January 2015
in SFSM

Last year, 2014, the state of New York enacted several Workers’ Compensation bills, including the New York State Commercial Goods Industry Fair Play Act and the NYCERS and WCB Mandatory Exchange of information. To refresh, the New York State Commercial Goods Industry Fair Play Act, in part, established a standard to prevent the misclassification of trucker drivers as independent contractors. This simply means that truck drivers may be eligible for workers’ compensation if they were to suffer an on-the-job injury.

 The NYCERS and WCB Mandatory Exchange of information, among other things, mandated the exchange of information between the New York City Employees’ Retirement System (NYCERS) and the Workers’ Compensation Board (WCB) in an effort to implement pension plan offsets for the workers’ compensation benefits a retiree receives for the same injury.

This year, 2015, several previously proposed pro-labor workers’ compensation bills are likely to be reintroduced at the state legislature. Among them includes a bill which would require a presumption of permanent total disability if an individual is approved for social security disability benefits; a bill which would allow claimants to choose their own pharmacy; a bill that would allow death benefits to continue if a spouse remarries; a bill which would require medical treatment guidelines for all body parts and medical conditions; and a bill prohibiting the retroactive application of the medical treatment guidelines. While it remains unclear whether these proposals will be adopted, it is important that New York workers remain informed of potential rights and protections.

If you have suffered a work related injury, you may be eligible to receive compensation for your injuries, medical bills, and other damages. An injury on the job can occur in a number of ways and can jeopardize your ability to provide for you and your family. To learn more about the compensability of your claim, contact our experienced attorneys at Sherman, Federman, Sambur, & McIntyre, LLP. Call (866)-557-7500 or click here to speak with our office.  

Hits: 57 0 Comments
0 votes

OSHA Regulations Call for More Employer Transparency

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 12 December 2014
in SFSM

Starting January 1, 2015, companies will be required to report all work-related in-patient hospitalizations, amputations, and eye losses within 24 hours of the incident.  This comes as an update to the Occupational Safety and Health Administration (OSHA)’s current recordkeeping requirements.

Currently, OSHA requires that employers report in-patient hospitalizations only if three or more employees are affected. Furthermore, amputations and eye losses were previously not required to be reported. Both the revised regulation and the previous regulation requirement that employers report work-related fatalities within eight hours. The new regulations reflect an effort on the part of OSHA to broaden its safety-reporting requirements.

Many employers, however, are not convinced that stricter federal requirements on reporting workplace fatalities, injuries and illnesses will significantly improve workplace safety. Employers further argue that the new implementation will require that time and money be spent on compliance, even though there is little evidence that such a regulation revision will improve workplace safety.

Indeed, OSHA estimates it will take about 30 minutes, per incident, to gather and report the required information. OSHA officials estimate that if 120,000 additional reports are submitted nationally, and if the person making the report makes about $40 an hour, the reports could cost employers about $2.6 million nationwide. At present, OSHA receives an estimated 3,000 to 4,000 reports per year for fatalities and catastrophes resulting in three or more employees being hospitalized.

The Occupational Safety and Health Administration aims to help employers and employees reduce on-the-job injuries, illnesses and deaths by directing national compliance initiatives in occupational safety and health.

 If you have been injured during the course of your employment you qualify for workers compensation. For more information contact the experienced New York Workers’ Compensation attorneys at The Law Offices of Sherman, Federman, Sambur & McIntyre, LLP.

Hits: 54 0 Comments
0 votes

Can a Company Require an Employee to Provide Notification Before Seeking Medical Treatment?

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 14 November 2014
in SFSM

In short, no.  Employers cannot required employees to give notification before seeking medical treatment. The issue arose in court after a FedEx employee alleged that he was fired for such a lack of notification.  In the September 24, 2014 decision, a federal judge ruled the policy was effectively illegal.

According to reports, the employee had notified supervisor that he was suffering from back discomfort. As a result, the employee was scheduled for “light duty” for the duration of week. The employee subsequently scheduled an appointment with a physician's assistant, who provided him with a note requesting his employer, FedEx, keep him on light duty until he could receive a complete evaluation. However upon receiving the note, FedEx fired the individual.

Although FedEx claimed that the then-employee violated company policy by not notifying his supervisor ahead of time that he was seeking medical treatment, the United States District Court for the Northern District of Illinois Eastern Division determined that the company’s policy violated the employee’s right to seek medical treatment without interference.

As the Court opined, “[By] definition, imposing any prerequisite an employee must satisfy before seeking medical treatment 'interferes' with the employee's right to seek and obtain medical treatment and therefore runs afoul of the [state] Workers' Compensation Act."

In New York State, workers' compensation laws cover nearly all New York employees. If you are injured on the job, it is important that you seek immediate medical attention as soon as possible. While you are not required to notify your employer that you are seeking medical attention, New York workers’ compensation law does require the injured employee to notify their employer about the injury and the way in which it occurred within 30 days of the accident causing the injury.

If you or a loved one have any questions regarding your workers benefits, social security, or disability benefits contact our experienced attorneys at Sherman, Federman, Sambur, & McIntyre, LLP.  

Hits: 58 0 Comments
0 votes

NY Senator Introduces Bill to Help Alleviate Financial Burden on Americans with Disabilities

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 24 October 2014
in SFSM

Senator Charles Schumer has recently introduced a new piece of legislation to the United States Senate. The proposed bill aims to assist New Yorkers with disabilities and their families in their preparations for the future. The bill, titled, Achieving a Better Life Experience Act (ABLE) creates a tax-advantage savings account for people with disabilities.

According to reports, the bill would authorize the creation of a savings account similar to an Individual Retirement Account.  The saving account would allow parents to put away more money for their disabled child, without paying taxes on those contributions. Furthermore, the deposits would not put them over a threshold for what they stand to receive for social security disability.

Individuals that have been diagnosed with a mental or physical disability can create an account. Those individual’s beneficiaries can also establish an account. Anyone would be able contribute to the account.  More importantly, the funds would be able to be withdrawn tax-free and used for expenses such as education, medicine, and transportation.

According to the CDC, there are more than 43,000 people with disabilities in western New York alone, which includes but is not limited to Autism, Down Syndrome, and Fragile-X.

In short, Senator Schumer’s bill seeks to alleviate the difficult proposition which many families of disabled Americans face: Choosing between paying for daily living expenses and saving for their child’s future.

For more information on ABLE or for any information on Social Security disability, contact an experienced social security disability attorney at the Law Offices of Sherman, Federman, Sambur & McIntyre, LLP.

 

New York Social Security Disability Attorneys

 

Hits: 416 0 Comments
0 votes

The Biggest Backlog in the Federal Goverment

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Tuesday, 21 October 2014
in SFSM

 David A. Fahrenthold

In an obscure corner of the federal bureaucracy, there is an office that is 990,399 cases behind.

That is Washington’s backlog of backlogs — a queue of waiting Americans larger than the populations of six different states. It is bigger even than the infamous backups at Veterans Affairs, where 526,000 people are waiting in line, and the patent office, where 606,000 applications are pending.

All of these people are waiting on a single office at the Social Security Administration.

Social Security is best-known for sending benefits to seniors. But it also pays out disability benefits to people who can’t work because of mental or physical ailments. And it runs an enormous decision-making bureaucracy to sort out who is truly disabled enough to get the checks — and who is trying to game the system.

Within Social Security, this backlogged office handles appeals of appeals. In most of its cases, the applicants have already been turned down twice by lower-rung officials who didn’t think they were disabled enough.

If they appeal to this office, they can plead their case in person, before a special kind of Social Security judge.

The judge is supposed to read the applicant’s medical records and ask questions about medications, limitations and levels of pain. There are 1,445 of these Social Security judges, which means its in-house legal system is larger than the entire regular federal court system — district and appeals courts and the Supreme Court put together.

When they make a ruling, they must decide whether someone is truly unable to hold any job.

That is slow work, made slower by a pileup of outdated rules and oddball procedures. The judges’ official list of jobs, for instance, is a Depression-era relic last updated in 1991. It still includes “telegram messenger” and “horse-and-wagon driver” — not exactly growth industries. It doesn’t mention the Internet at all.

These judges fell behind when Gerald Ford was president. And they never caught up. Along the way, their office has become a bureaucratic parable — about what happens when the machinery of government cannot keep up with its good intentions.

In this case, the system became, in effect, too big to fix: Reforms were hugely expensive and so logistically complicated that they often stalled, unfinished. What’s left now is an office that costs taxpayers billions and still forces applicants to wait more than a year — often, without a paycheck — before delivering an answer about their benefits.

The experience of fighting this backlog can feel desperate and futile to people on both sides of the judge’s bench.

“I had two claimants on my docket this past month. . . . They died. They died. Waiting for a hearing,” said Carol Pennock, a Social Security judge based in Miami.

She worried that the two women might have improved if they’d lived long enough to be awarded disability benefits. In an especially absurd twist, even death didn’t remove one of those women from Social Security’s backlog. The woman had a child who might receive the woman’s disability benefits post-mortem. So Pennock said she had to hold a hearing to decide if a dead person was legally disabled.

“I really wonder if what we’re doing is effective at all. If it helps at all,” Pennock said, after a day of hearing cases and trying to reduce her share of the backlog. “If, based on the amount of evidence we get, my decision is any better than flipping a coin.”

Read more: http://www.washingtonpost.com/sf/national/2014/10/18/the-biggest-backlog-in-the-federal-government/

Hits: 370 0 Comments
0 votes

New York State Comptroller Announces Decrease in Pension Contribution Rates

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 17 October 2014
in SFSM

The New York State Comptroller recently announced that the contribution rates paid by state and local governments towards New York's pension funds will decrease.

According to the Comptroller’s office the average rate of contribution will decrease to 18.2% for most public workers from 20.1%, the comptroller said. For police and firefighters, the employer rate will drop to 24.7% of payroll from 27.6%.

The decrease in contribution rates is expected to have immediate impact on local governments outside New York City.  In New York City, pension contributions will likely remain the same thanks to the city’s separate pension system. In recent years, localities and school districts have faced increases in their pension cost burden, partly due to the projected costs from a boom in retirees. Now, however, the rate reduction announcement comes as the state's main pension fund reached a record high of $180.7 billion. 

Thus, according to State Comptroller Thomas Di Napoli, the healthy state of the fund means local taxpayers won't have to contribute as much. This is due in part to recent investment gains, which has increased the state's pension fund to 92.2% from 88.7%. 

Though New York's pension fund is regarded as one of the best-funded in the country, opponents question the fund’s long term outlook. Indeed, skeptics argue that the fund assets, being largely comprised of various investments, presents a high risk for a high reward.

For additional information about state pension information and how it may affect you, please visit the state comptroller’s website at https://www.osc.state.ny.us/pension. Additionally, if you or a loved one have any questions regarding your workers benefits, social security, or disability benefits contact our experienced attorneys at Sherman, Federman, Sambur, & McIntyre, LLP.

 

New York Workers Comp Attorneys

 

Hits: 437 0 Comments
0 votes

Sherman, Federman, Sambur & McIntyre, LLP Plays Important Role in Major Breakthrough Related to 9/11 Volunteers

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 10 October 2014
in Workers' Compensation

Sherman, Federman, Sambur & McIntyre, LLP recently played an important role in protecting the rights of 9/11 volunteers in the Jaime Hazan case.  This case was recently reported on the front page of the New York Law Journal, Long Island’s News 12, Fox News, the New York Daily News and WALK radio.  The case is being cited as greatly expanding the Workers’ Compensation rights of 9/11 Volunteers.  This media coverage is almost unprecedented in the field of Workers’ Compensation.

Article 8-A of the Workers’ Compensation Law affords Workers’ Compensation benefits to volunteers who participated in the rescue and recovery efforts surrounding 9/11.  One of those injured as a volunteer was Jaime Hazan.  Sherman, Federman, litigated this case extensively, winning the case at the Workers’ Compensation Board level.

The Uninsured Employers’ Fund, on behalf of the World Trade Center Volunteer Fund, appealed the determination of the Law Judge.  They argued that despite the fact that Mr. Hazan presented pictures, affidavits and other evidence that he participated in the rescue and recovery efforts at ground zero, he could not be defined as a volunteer because of Final Revised Order of the Chair 967.  This is an internal order of the Workers’ Compensation Board not to award World Trade Center Volunteer Benefits to volunteers that did not formally register with or serve under the direction of an authorized rescue entity or volunteer agency.  Thus, although Mr. Hazan proved he participated in the rescue and recovery efforts to the satisfaction of the Law Judge presiding over his case, his rights to benefits were being appealed because he did not formally register with a volunteer agency or rescue entity.  

 Sherman, Federman filed a rebuttal, or written response to the appeal, containing multiple legal arguments.  We argued that nowhere in the law was there any such requirement to register with a volunteer agency or rescue entity as a precursor to receiving 9/11 volunteer benefits.  In fact, according to the way the law was drafted, the 9/11 Volunteer Workers’ Compensation law was to be interpreted broadly and not restricted.  Thus, Revised Order of the Chair 967 was contrary to the purpose and intent of the law.  Unfortunately, the Workers’ Compensation Board reversed stating that because Mr. Hazan did not satisfy Final Revised Order of the Chair 967, he could not be awarded 9/11 Workers’ Compensation Volunteer Benefits.

Sherman, Federman advised Mr. Hazan that the Workers’ Compensation Board was misinterpreting the law and encouraged him to seek alternate counsel specializing in appealing to a higher court, the Appellate Division, 3rd Department. Mr. Hazan ultimately retained Michael Hutter and the Pro Bono Appeals Program in Albany to prepare appropriate briefs for that court and argue the appeal. On June 5, 2014 the Appellate Division ruled that the Final Revised Order of the Chair 967 could not bar Mr. Hazan’s claim for 9/11 volunteer benefits as it was contrary to the law.  The case has presently been restored to the Workers’ Compensation Board for further proceedings.

The significance of this ruling is that World Trade Center Volunteers who did not register with an authorized rescue entity or volunteer agency may now apply for Workers’ Compensation benefits and have their cases heard on the merits.  This ruling will hopefully open the door to an entire class of volunteer rescue and recovery workers who have been otherwise barred from receiving benefits at this point.  The Governor’s office is reportedly reviewing the decision of this case to determine whether to rescind Revised Order of the Chair 967.

Many of the Legal Arguments, originally advanced by Sherman Federman in the Rebuttal to the Appeal at the Workers’ Compensation Board level, were cited in the Appeal to the Appellate Division by Mr. Hutter and the Pro Bono Appeals Program in their brief and ultimately by the Appellate Division, 3rd Department.

We congratulate Mr. Hazan, Mr. Hutter and the Pro Bono Appeals Program for a job well done and for the impact this case will likely have on other World Trade Center Volunteers. 

 

New York Workers Compensation Attorneys

 

Hits: 578 0 Comments
0 votes

Suffolk County Detectives Assocation

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Wednesday, 17 September 2014
in Philanthropy

Dear Ed, 

On behalf of the Board of Governors and the SDA Golf Committee, I would like to take this opportunity to thank you for your very generous donation which was used to sponsor the dinner for this year's golf outing.  Your donation helped to defray the costs of this annual outing in addition to assisting in making this tournament a success. 

Again, our sincerest appreciation for your donation and we look forward to working with you again next year. 

Sincerely, 

Glenn Kirkpatrick
Golf Chairman

Hits: 481 0 Comments
0 votes

Construction Company Held Liable for Employee's Death

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 22 August 2014
in Workers' Compensation

The U.S. Labor Department has found a Watertown contracting company responsible for the easily preventable death of a construction worker (employee) at one of its New York work sites.

Kyle Brown, 23, died in November of 2013 from a fall while he was working as part of a crew installing metal decking on the roof of an automobile dealership being built in Pulaski, New York. He was blown off the roof and fell to his death as he tried to secure sheets of decking, said Labor Department officials.

The Occupational Safety and Health Administration (OSHA) cited the company for a willful and a serious violation. “This needless fall and resulting death were entirely preventable. Had this company provided its employees with required fall protection equipment, anchorage and training, this young man would be alive today,” said Christopher Adams, OSHA's area director in Syracuse. “Falls are the leading cause of death in the construction industry, yet they are also among the clearest hazards to identify and eliminate. Fall protection safeguards save lives, but only if they're properly and effectively implemented.”

OSHA’s investigation found that while Brown was wearing a fall protection harness, it was useless, as the workers were not provided with a means to connect to an independent anchorage point to stop a fall. The company failed to train employees to recognize fall hazards and ensure adequate anchorage for lifelines nor did they secure the decking against displacement by the wind.

The company, MTL Design, is a general contractor that specializes in site work, concrete work and steel building construction. The company faces $88,900 in proposed fines for its violations and has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

In New York State, if you have been injured in a workplace or construction accident, your employer's worker’s compensation insurance policy is responsible for paying your medical bills and a portion of your lost wages.   It is often the case that a separate lawsuit can be pursued against one or more third parties responsible for the resultant injuries.   Don’t underestimate the seriousness of your accident or injury. What might seem like a straightforward case can quickly become a complicated legal problem. With so much at stake, it’s important that you contact an experienced New York worker’s compensation attorney.

The attorneys at Sherman, Federman, Sambur & McIntyre, LLP can provide you the representation you deserve and ensure your legal rights are protected. 

Hits: 544 0 Comments
0 votes

Suffolk County Police Superior Officers Association

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Thursday, 31 July 2014
in Philanthropy

Dear Edward, 

I would like to take this opportunity to thank you for your generosity and support for the cocktail and dinner hour sponsorship at our 17th Annual Golf Outing held on July 21st at the Baiting Hollow Golf Club in Baiting Hollow. 

This event gets better every year and with your continued support we have again exceeded our goals.  I look forward to seeing you again next year. 

Thank you again, 

Ken Macarthur
Golf Committee Chairman

Tags: Untagged
Hits: 569 0 Comments
0 votes

Suffolk County Probation Officers Association, Inc

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Tuesday, 22 July 2014
in Philanthropy

suffolk county probation officersDear Ed, 

I am writing to extend my thanks and appreciation for your generous support to the Suffolk County Probation Officers Association's 10th Annual Scholarship Golf Tournament on June 30th, 2014 at the Baiting Hollow Country Club. 

Your contribution of sponsoring a Tee Hole sign has helped make our 2014 golf outing very successful and has provided seven students with college scholarships.  

On behalf of the Suffolk County Probation Officers Association's Executive Board and our entire membership, thank you again for being a loyal supporter. 

We look forward to working with you again next year, 

Don
President,
Suffolk County Probation Officers Association, Inc

Tags: Untagged
Hits: 496 0 Comments
0 votes

What Does Third Party Liability Mean in Worker’s Compensation Cases?

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Monday, 21 July 2014
in Workers' Compensation

Workers who have sustained an on-the-job injury or illness are entitled to workers’ compensation to cover the medical bills and lost wages that result from their injuries. However, workers compensation benefits do not cover an individual’s long-term monetary loss, pain and suffering, or additional damages that may have resulted from particularly reckless conduct.  As a matter of fact, state law actually limits most workers’ compensation payments. Furthermore, individuals who accept workers’ compensation benefits forfeit their right to sue their employer for their job related injury or illness.

Third-Party Liability

Third-party liability provides an additional remedy, separate from workers’ compensation benefits, to individuals who have sustained a job related injury or illness. A third-party is anyone other than a worker’s employer or co-worker. Third-party liability occurs when an individual who sustains a job-related injury or illness sues someone other than his or her employer for damages.

Common third-party defendants include, but are not limited to:

  • Manufacturers of workplace equipment, tools, or materials, whose products may have caused or intensified an individual’s work related injury or illness;
  • Landlords or business owners who fail to keep their premises clear of hazards, thus resulting in an injury or illness to a worker who visits the premise as part of his or her job;
  • Automobile drivers who cause an accident, which results in an injury to a worker who was on the road as part of his or her job.

 

Will a claim for third-party liability affect the status of my workers compensation benefits?

No. All awards received in third-party liability suits are separate and distinct from workers’ compensation benefits. This means that injured or ill workers can receive an award based off of their third-party liability claim and still retain their workers compensation benefits.  Additionally, the right to bring a claim for third-party liability also extends to the surviving families of a deceased individual in cases of work related wrongful deaths.

Why should you pursue a third-party liability claim?

Since workers’ compensation benefits generally do not account for all of the cost associated with a work related injury or illness, pursuing a third party liability claim affords the victims of a work related injury or illness an additional remedy which may fully cover the costs of the of injury and lost wages.

 

 

Hits: 674 0 Comments
0 votes

100th Anniversary of New York Worker's Compensation Law

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Wednesday, 04 June 2014
in Workers' Compensation

2014 marks the 100th anniversary of the enactment of New York’s Workers’ (then Workmens’) Compensation Law.

The horrific Triangle Shirtwaist Factory fire moved New York’s legislature and Governor to enact the first in the nation workers’ compensation statute in 1911 after 146 employees died due to poor employer practices and unsafe working conditions. The law represented a historic tradeoff between workers and employers, whereby workers were assured of prompt wage replacement and medical treatment coverage in connection with workplace injuries regardless of fault, and employers were shielded from lawsuits that may require them to pay large amounts for pain, suffering, wrongful deaths and other causes of action.

The 1911 law was struck down by New York’s Court of Appeals which found that the statute violated New York’s constitutional protection of employer’s due process rights. It took an amendment to New York’s constitution before the workers’ compensation statute could be reenacted in 1914. Over its contentious 100-year history, the New York Workers’ Compensation Law and the workers’ compensation system have seen many dramatic changes, but they have assured compensation for millions of injured workers and their families while at the same time protecting New York employers from ruinous lawsuits.

Reforms Under the Business Relief Act

In 2013 Governor Andrew Cuomo supported the enactment of a number of reforms to the workers’ compensation system, apparently to cut costs for employers and carriers, without decreasing benefits to claimants. To do so the Governor successfully bypassed the usual process for legislative change to the law by including the proposed reforms in the New York State 2013/2014 Budget, which was due to be enacted by April 1, 2013. The reforms, enacted March 29, 2013, are contained in that part of the budget bill referred to as the Business Relief Act.

The Business Relief Act made many changes, including raising the minimum weekly compensation rate to the lesser of $150.00 or the claimant’s actual average weekly wage for injuries occurring on or after May 1, 2013, an increase from the $100.00 per week minimum enacted in 2007. Based on the 2007 indexing of the maximum compensation rate to the state average weekly wage, the maximum rate for accidents occurring on or after 7/1/2013 was raised to $803.21, more than double the maximum rate in 2007.

Worker's Compensation is an intricate and complex field of law. If you have been injured while working, contact an experienced worker’s compensation attorney today. A skilled attorney can afford you the representation you deserve and ensure your legal rights are protected. 

 

 

New York Workers Compensation Attorneys

 

Hits: 802 0 Comments
0 votes

Applications for Disability Retirement

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Monday, 19 May 2014
in Disability Pensions

Applications for disability retirement are receiving an increased level of scrutiny from the NYS State retirement system. They are being meticulously reviewed to find any technical flaw that could allow the Comptroller’s Office to deny the application. Recently an officer, approved for accidental disability retirement and removed from the employer’s payroll, had his award rescinded. The State claimed a routine audit revealed the officer failed to give timely written notice to the employer stating that an accident had taken place.  The law states:


  (a)   No such application shall be approved, unless the member or some other person on his behalf shall have filed written notice in the office of the comptroller within ninety days after the occurrence which is the basis for the disability incurred in the performance of duty, setting forth:

       1. The time, date and place of such occurrence, and

       2. The particulars thereof, and

       3. The nature and extent of the member's injuries, and

       4. The alleged disability.

(b) The notice herein required need not be given:

       1.  If notice of such occurrence shall be filed in accordance with the provisions of the workers' compensation law of any state within which participating       employer shall have its employees located or performing functions and duties within the normal scope of their employment, NYCLS Retire&SS § 363-c.

The NYS Workers’ Compensation Law states: notice of an injury or death for which compensation is payable under this chapter shall be given to the employer within thirty days after the accident causing such injury, and also in case of the death of the employee resulting from such injury, within thirty days after such death. Such notice may be given by any person claiming to be entitled to compensation, or by someone on his behalf. The notice shall be in writing, and contain the name and address of the employee, and state in ordinary language the time, place, nature and cause of the injury, and be signed by him or by a person on his behalf, NYCLS WorkComp § 18.

Injured officers do not routinely notify the comptroller’s office after an injury takes place. All members of the Police Conference are covered by the NYS Workers’ Compensation Law. Most departments have injured employee paperwork that is completed when the officer is injured. The case law is very clear that the burden is on the injured officer to prove written notice was given within 30 days of the accident to the employer. A mistake or misinterpretation of the law by the officer or the employer will not excuse this requirement. If, for some reason, written notice was not submitted to the employer within 30 days, notice should be submitted with proof of submittal to the NYS Comptroller’s office within 90 days.

My office was able to reverse the rescission of the aforementioned officer’s disability pension by proving that written notice was given to the employer on a timely basis, arguing that the “line-of-duty” paperwork filled out by the officer could be used as evidence of written notice of his injury.

Obviously, to prevent any question of timely filing of paperwork, it is always better to consult an attorney as soon as possible after a line-of-duty injury occurs, preferably within the 30 day time period. When an officer is injured they should not leave things to chance. It is common for an injury to be sustained many years before the physical need to retire arises. I personally have handled cases where the injury was sustained more than 20 years before the officer actually retired. What seems today to be minor injury can turn out to be quite severe many years later.



Speak with an attorney who specializes in these matters immediately. The only cost is your time, the consultation is free.

Hits: 838 0 Comments
0 votes

Availability of Seaman’s Rights to Marine Unit Personnel

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Thursday, 01 May 2014
in Workers' Compensation


Police officers assigned to the Marine Unit are entitled to NYS Workers Compensation benefits as are all employees of Police Departments in Suffolk County. However those who are assigned to a vessel may elect to pursue a civil lawsuit under maritime law. The US Supreme Court in
McDermott International v. Wilander 498 U.S. 337 (1991) defined a “seaman” as a worker who has an employment related connection to a vessel in navigation and who also contributes to the function of the vessel or to the accomplishment of its mission. This broad definition means that “seaman status” is not limited to sailors on the high seas who crew commercial cargo vessels, but is sufficiently broad to include harbor workers of various types working on vessels of various descriptions, including employees assigned to vessels of a Police Marine Unit.

 

A person who qualifies for seaman status is afforded three important rights:

1) The right to sue the Municipality under a Federal Statute known as the “Jones Act” for all injuries caused by negligence

2) The right to sue the Municipality for all injuries caused by the “Seaworthiness” of the vessel

3) The right to sue for “Maintenance and Cure”

 

Monetary damages recovered under the “Jones Act” and Seaworthiness include economic losses consisting of past and future loss of wages, fringe and pension losses, and past and future pain and suffering. Compensation afforded under Seaman’s Rights typically exceeds those provided under Workers Compensation. To determine which route is most beneficial to you and to determine if you qualify for seaman’s status, a consultation with a “Proctor in Admiralty” – which is an attorney who specializes in Admiralty and Maritime Law, is highly recommended.

 

A decision to accept traditional Worker’s Compensation Benefits can be considered an election of remedies. If an Officer is injured at work, and the assignment was in any way related to the activities of a Marine Bureau Vessel all options should be explored. Find out what your options are immediately. 

Tags: Untagged
Hits: 832 0 Comments
0 votes

The Retirement System’s New Stance On Cervical and Lumbar Fusion Surgery

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Monday, 14 April 2014
in Disability Pensions

 

 

By: Sean Patrick Riordan, Esq.  

The New York State Retirement System has recently, and radically, changed its disability program and this change comes at the expense of its members. Based on an internal Medical Board decision, the Retirement System can now require a member to undergo a single-level cervical or lumbar fusion surgery prior to being approved for a disability pension. This position can and will have a major impact on disability applicants moving forward.

For many years, the Retirement System, confirmed by the state’s highest courts, has required members applying for disability retirement to undergo “reasonably safe” medical procedures which can restore them to full duty. Traditionally, this standard applied to areas of the body such as knees, shoulders, hands, etc. Frankly, this standard was never previously considered unreasonable by members or their attorneys. If a relatively routine and safe surgery, which could remedy a member’s condition, existed, the member was expected to have the surgery and proceed back to work if post-operative care went well.

Until last year, the Retirement System did not consider cervical or lumbar fusions to be “reasonably safe” procedures and, therefore, members applying for disability benefits did not have to fear being denied by the Retirement System because they did not want to undergo these highly invasive procedures. Unfortunately, this has been officially changed.

Following the Retirement System’s decision to consider spinal fusion surgery to be “reasonably safe” procedures, I, along with three other respected disability attorneys, petitioned the Retirement System to re-visit and reconsider its decision. While the System did re-visit the issue, it has remained steadfast in its determination.

We must now litigate this matter on a case-by-case basis before the courts over the next several months and determine whether the judges agree with the Retirement System. However, if you suffer from a cervical and/or lumbar spine impairment, your doctor has recommended or discussed spinal fusion surgery with you and you do not wish to undergo such surgery, you should consider the following:

  • Have your doctor clearly document the risks associated with the surgery and that your physician has discussed these risks with you.

  • Clearly document the risk factors you have considered in making your decision not to undergo the surgical procedure.

  • If you are not a surgical candidate, this should be clearly documented in your treating physician’s notes. (This can include any medical condition which precludes surgery).

  • If you have an adverse personal experience with surgery, this should also be documented at the time of your application for disability retirement benefits. (Did you have a negative physical reaction during a prior surgery? Did your close friend or family member have a fusion surgery with an adverse outcome?)

  • If there is an extraneous reason you do not wish to undergo fusion surgery, this should also be documented (single parent, sole caregiver to children and do not wish to face the risks of surgery)

While we may not like the Retirement System’s stance on the spinal fusion issue, we must start to deal with it and protect our members. In that vein, just because the Retirement System “generally” considers single-level spinal fusion surgery to be reasonably safe, that does not mean that it is specifically safe for you. Nor does it mean that you are necessarily “unreasonable” in refusing such a surgery. Documenting why you would refuse the surgery is now paramount.

As always, if you have any questions, issues or concerns, please do not hesitate to contact me directly at (631) 240-0811, This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or toll free at the number listed below. 



Hits: 1987 0 Comments
0 votes

RFL Interview: Sean Patrick Riordan of Fealgood Foundation

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Monday, 17 March 2014
in News

Tags: Untagged
Hits: 851 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!