Some people find that medical marijuana helps them control injury pain better than any other medication. If New York Workers’ Compensation benefits currently cover you, your medical marijuana may be covered. The key case in New York Workers’ Compensation Law was the 2018 case, Matter of Kellner Bros., Inc. In this case, the claimant received […]

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The denial of a workers’ compensation claim can cause a considerable amount of stress. While there are steps you can take to prevent denials, some denials will require help from a qualified New York Workers’ Compensation attorney to resolve. Here are some of the most common types of denials that we see.  Failure to File […]

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A Section 32 settlement permanently closes a workers’ compensation claim in exchange for a lump-sum payment or structured settlement with annual payments. Once you accept a Section 32 settlement, you forfeit future medical and lost wage benefits from the claim. However, partial settlements may address either medical or lost wage benefits while leaving the other […]

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You might not qualify for workers’ compensation if you had a workplace accident while drunk or high. While New York workers’ compensation is a “no-fault” benefit, meaning you can usually receive compensation even if the accident is your fault, intoxication may serve as an exception.  While the New York Workers’ Compensation Board does not require […]

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You can only continue receiving workers’ compensation lost benefits in New York if you demonstrate that you are sufficiently “attached” to the labor market. Employers and insurers alike are often quite concerned by the idea that a worker who could work is instead resting at their expense.  Once a doctor clears you to return to […]

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Most workers’ compensation cases aim to get workers well and get them back on the job. Yet sometimes, the return to work doesn’t go very smoothly. Here’s what you need to know about some of the most common issues that can arise when a person returns to work.  How long can you be out on […]

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Pre-existing conditions do not stop New York workers from receiving benefits. Workers’ compensation is even required to pay when a workplace injury exacerbates a pre-existing condition. That’s not to say that a pre-existing condition helps your claim or makes it easy. You can expect employers to challenge whether your injury arose “out of and in […]

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Domestic workers in New York enjoy some workers’ compensation protection. Employers must have workers’ compensation coverage for employees working 40 hours or more a week, including live-in and live-out nannies, housekeepers, cooks, home health aides, butlers, drivers, and gardeners. Workers’ compensation may also apply in cases where the worker is sleeping and eating at the […]

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12.7% of full-time employees work from home in 2023, and 28.2% work a hybrid model. While we’d love to believe that no worker could ever get injured at home, workplace injuries happen in home offices too. This is especially true of repetitive stress injuries, as some home workplaces aren’t ergonomic.  It’s important to know your […]

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Under New York workers’ compensation, you’re considered disabled whenever your injuries make returning to your usual job impossible.  There are four classes of disability, and each class impacts how you receive benefits and for how long.  Temporary Total Disability Temporary total disability covers times when you are injured to the point where you cannot work […]

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