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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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WORK ACTIVITY AND SOCIAL SECURITY DISABILITY

People sometimes think that applying for Social Security Disability benefits means that they can never go back to work, or that going back to work in any capacity means they will lose their benefits.  Neither of those things is true. In general, Social Security Disability benefits are payable to people who are “insured” (have an […]

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WORKERS’ COMP AND MEDICAL EVIDENCE

When someone is out of work because of an on-the-job injury their two top priorities are getting medical treatment and being paid for lost wages.  In the workers’ compensation system, both of those things depend on medical evidence, in the form of a doctor’s opinion. Workers sometimes believe that a test result, a visible injury, […]

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THE FAMILY AND MEDICAL LEAVE ACT (FMLA)

The federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to twelve workweeks of leave […]

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TALKING TO YOUR EMPLOYER AFTER AN ACCIDENT

When someone is injured on the job, it’s important for them to know what they MUST talk to their employer about, what they SHOULD talk to the employer about, and what they SHOULDN’T talk to the employer about.  Those are three different things – and the picture can become even more complicated if the employer […]

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GOVERNOR HOCHUL ANNOUNCES OUTREACH CAMPAIGN FOR WORKERS WITH COVID-19

GOVERNOR HOCHUL ANNOUNCES OUTREACH CAMPAIGN FOR WORKERS WITH COVID-19 Filing Deadline Approaching for Those Infected Early in the Pandemic On April 27, 2021, NYCOSH and Grey & Grey, LLP issued a report calling on “the Workers’ Compensation Board and other state agencies [to] invest resources in a campaign to inform the public … that COVID-19 […]

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KEEPING YOUR CONTACT INFO UP TO DATE

Did you move recently?  At the time you moved, were you involved in any kind of legal proceeding?  If so, it’s important for you to update your lawyer, your doctor(s), and maybe even the court system or administrative agency about your new address! In the modern era when your mobile phone number, your email address, […]

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WORKERS COMP AND PERSONAL INJURY CASES

When someone is hurt at work, their only remedy against the employer is to file a claim for workers’ compensation benefits.  However, if the accident was caused by the negligence of someone outside of the employment relationship, or where the law makes another party responsible, then the injured worker can bring a personal injury lawsuit […]

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ELEVATION-RELATED RISKS IN CONSTRUCTION

New York’s Labor Law provides important protection for construction workers by giving owners and general contractors every reason to make sure the work site is safe.  Most know that the so-called “Scaffold Law” gives them the right to sue the owner and/or general contractor of a construction, excavation or demolition job for personal injury caused […]

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COFFEE BREAKS VERSUS LUNCH BREAKS

The Workers’ Compensation Law makes an important distinction between a “lunch break” and a “coffee break.”  In general, injuries that occur during a lunch break off the employer’s property are not covered by workers’ comp, even if the worker is being paid for the time.  Of course, there are some exceptions to this rule.  Workers […]

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