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BIG COST OF LIVING ADJUSTMENT BY SOCIAL SECURITY

On October 13, 2021, the Social Security Administration announced a 5.9 Percent Cost of Living Adjustment (COLA).  This is the largest COLA in forty years!  Increases in recent years have ranged from zero (in 2015) to 2.8% (2018). Why is the COLA so large this year?  The Social Security Act provides that the annual COLA […]

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WORKPLACE VIOLENCE: ON-THE-JOB ASSAULTS

Workplace violence is a leading cause of occupational injury.  Assaults can come from strangers, customers or patients, or even co-workers.  It’s important to recognize that injuries that result from an on-the-job assault can qualify for workers’ compensation benefits and what other benefits are available. From a workers’ compensation standpoint, injuries resulting from an assault are […]

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NEW YORK EXPANDS PAID FAMILY LEAVE

Governor Kathy Hochul has signed a bill that expands New York State’s Paid Family Leave legislation to allow caring for siblings. Under the current law, employees cannot take leave to care for a sibling with a serious health condition. The new law adds to the Paid Family Leave legislation that was enacted in 2016, which […]

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DIESEL EXHAUST DEATH BILL SIGNED

On October 29, 2021, Governor Kathy Hochul signed a bill (drafted by Grey & Grey managing partner Robert Grey and prioritized by TWU Local 100) that opens a one-year claim-filing window for the spouses and children of workers who previously died of cancer related to occupational exposure to diesel exhaust. The genesis of this law […]

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WORKERS COMP COVERAGE FOR DRIVERS

There are generally two kinds of drivers in the workers’ comp system:  drivers who deliver people, and drivers who deliver things.  Some are covered, some may be covered, and some are not covered at all. Drivers who deliver people fall into three categories:  medallion taxi drivers (yellow cabs); black car drivers (including Uber and Lyft), […]

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WAGES AND WORKERS COMP BENEFITS

Every type of benefit in the workers’ compensation system – with the exception of medical treatment – depends on how much the injured worker was earning at the time of the accident.  Other factors are also important, like the extent of the disability and the date of the accident, because the date of accident controls […]

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PREVIOUS INJURY AND WORKERS’ COMP

The claim form used to file for workers’ compensation benefits includes this question:  “Have you had another injury to the same body part, or a similar illness?”  Some workers, afraid that answering “yes” will cause their claim to be denied or their benefits to be reduced, incorrectly answer “no.”  All too often, these workers are […]

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MEDICAL MARIJUANA AND WORKERS’ COMP

The workers’ compensation system provides injured workers with medical treatment for injuries that have been established as part of their claim.  In recent years, however, the nature and extent of the medical treatment that can be provided has become highly regulated (and often limited) by the Workers’ Compensation Board’s use of “medical treatment guidelines” and […]

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TRIP AND FALL ACCIDENTS: WHAT DO YOU NEED TO PROVE?

One of the most common ways people are injured is by tripping over something or slipping on something and falling down.  If this kind of accident happens at work and on the employer’s property then workers’ compensation is the primary remedy. However, if the accident occurs off the employer’s property, if someone other than an […]

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TELEHEALTH: (VIRTUALLY) SEEING THE DOCTOR

In response to the COVID-19 pandemic, the NYS Workers’ Compensation Board approved, for the first time, telehealth visits for injured workers.  As the pandemic begins to recede, the Board is preparing to make its telehealth rules permanent – with a few changes. The new rules will require that the first visit be in person, not […]

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