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HEAT-RELATED HAZARDS

Millions of workers are exposed to heat in their workplaces.  These exposures occur in both indoor and outdoor working environments and are equally hazardous in both.  The greatest occupational risk from heat exposure occurs during first few days of working in a hot environment because the body builds tolerance to heat over time – according […]

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A PANDEMIC OF INJURIES AT AMAZON (AND BEYOND)

The COVID pandemic caused a boom in delivery work ranging from restaurants and grocery stores to internet giant Amazon.  According to a new report from the Strategic Organizing Center (SOC), which is a coalition project of the Service Employees International Union, the International Brotherhood of Teamsters, the Communication Workers of America, and the United Farmworkers […]

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REPORT FINDS THAT NEW WORKERS HAVE HIGHER RATES OF INJURY

It’s generally understood that some jobs are more hazardous than others.  For example, everyone recognizes that a construction worker is more likely to have an injury on the job than a lawyer.  In fact, according to the New York Compensation Insurance Rating Board construction, manufacturing, health care, and services (such a restaurants and retail stores) […]

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CANNABIS FOR WORK-RELATED INJURIES LANDS ON THE U.S. SUPREME COURT DOCKET

As we’ve written about before, the New York workers’ comp system does provide coverage for medical marijuana in a limited number of cases. However, issues remain because of federal law on the issue – which has now reached the United States Supreme Court in two workers’ comp cases from Minnesota. The injured workers in these […]

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TWO YEARS OF COVID:  HOW THE WORKERS’ COMP SYSTEM IS RESPONDING

We’ve previously written about the fact that work-related COVID can be covered by workers’ compensation and that essential workers who continued to work in person in 2020 and who contracted COVID should file for benefits.  Unfortunately, far fewer workers filed for benefits at that time – and because there is a two-year time limitation to […]

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“INDEPENDENT” MEDICAL EXAMINERS: WHAT YOU NEED TO KNOW

An injured worker’s entitlement to wage loss benefits, compensation for permanent injury, medical treatment, prescription medication and more depends on their medical provider.  In addition to providing medical care, a worker’s treating doctor must be familiar with the workers’ comp system and its reporting requirements in order for the injured worker to receive the benefits […]

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FEMALE DOCTORS IMPROVE WORKERS’ COMP OUTCOMES FOR FEMALE WORKERS

In the workers’ compensation system, an injured worker’s benefits depend heavily on medical evidence:  the reports their doctor files, how familiar with their job and their injuries the doctor is, and most importantly the doctor’s disability opinion.  It’s an adversarial system in which the worker’s treating doctor is often opposed by the employer or insurance […]

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APPEALS COURT MAINTAINS THAT COMPENSATION SHOULD BE PAID FOR PERMANENT LIMB INJURIES REGARDLESS OF WORK STATUS

When a worker injures their head, neck or back, the only compensation the Workers’ Compensation Law provides is payment for lost wages due to disability and medical coverage.  As a result, if the worker is out of work for reasons that have nothing to do with the disability, no wage loss benefits are payable – […]

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HIGH COURT ALLOWS FULL COMPENSATION FOR MULTIPLE PERMANENT INJURIES TO A LIMB

For many years, business and insurance interests have been campaigning to reduce or eliminate the compensation that an injured worker can receive for permanent injury to a limb – arm, leg, hand, foot, finger or toe (also vision loss, hearing loss, and facial disfigurement).  Since 2016, their efforts have received a favorable reception from the […]

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LABOR MARKET ATTACHMENT

When an injured worker is partially disabled, the Workers’ Compensation Board will generally require them to look for work within their medical restrictions.  This is often referred to as “proof of labor market attachment.”  In the Board’s view, if a person has the ability to do some kind of work and does not make an […]

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