Las lesiones de la espalda son uno de los tipos más comunes de reclamos laborales. O bien son importantes y de larga vida o menor y de corta duración. El Instituto Nacional de Seguridad y Salud laboral establece que cerca de 600.000 trabajadores se lesionan cada año. Lesiones de la espalda puede causar que muchas personas se discapaciten …

Back Injuries are some of the most common types of workplace claims. They are either major and long lived or minor and short lived. The National Institute for Occupational Safety and health states that about 600,000 workers are injured every year. Back Injuries may cause many people to be disabled and cause them to not be able to return to work.

Each year back injuries cost about $50 billion dollars in terms of medical expenses, income loss, productivity loss and pain and suffering. These injuries are not only a sudden onset, they can also happen over time. Something that is common is called repetitive stress motion, and this occurs from lifting, pulling and or pushing heavy objects. These injuries are caused by an over use of muscles of the body known as micro traumas. These are common in most workers that have been partaking in strenuous labor. In particular, a lot of bending and twisting can cause this. They are also common in people that are doing sedentary jobs. Sitting for a long period

of time can cause this. Poor posture while sitting at a desk can also cause repetitive stress motion injuries.

There are tiny tears that occur from this in the muscles, and ligaments. The back and neck become increasingly weak. Back injuries can also be a result of an accident such as twisting of the back and or neck which is caused by excessive weight lifting. Minor injuries like sprains and strains heal on their own with the right amount of rest without requiring medical intervention. There are some times when this can become more serious and in many cases degenerative disc disease and spinal stenosis are injuries that can hurt for a lifetime.

If you have a back injury from a sudden work accident, or a prolonged period of time you are entitled to benefits under the law. Queens workers compensation lawyers are here to help you. They suggest that the moment you have any pain you seek medical attention and follow your company in their New York workers compensation procedures that are usually located in your handbook. Remember, any delay can aggravate the condition and necessitate a more extensive treatment if you need legal advice or help with the claim contact Queens New York workers compensation lawyers today.

What to Expect in a New York New York workers compensation claim
The insurance company that your employer uses will contact you in the event you file a claim. They will want to know information on your past medical history, your role as an employee and dates when the injuries began. Before the deposition, you should contact a Queens workers compensation lawyer to discuss how you will be answering these questions.

Tell them the truth and never lie. The worst mistake anyone can make is to lie. A deposition is a statement under oath and a lie under oath can ruin your entire case. It might be tempting to lie, and you might even think you have to. Ignore that temptation and tell them what really happened. Lies are always unearthed and chances are that won’t be good for you. Never guess if you don’t know how heavy the box was that you picked up then don’t guess about it. Don’t guess about the ridge that you tripped over or anything like that. Why? The insurance company will investigate. They might even send someone out to view the area where the accident occurred. They will find out the weight of the boxes, and the area that you tripped over. If they can disprove your claim then they will.

Do not fail to prepare and make sure that you have all prior statements and medical history available for the deposition. You need to make sure that you look everything over and that they are entirely relevant to the claim. Inconsistency will ruin your case so you have to make sure that you are on the ball. Next, when asked a question listen to it. You need to only answer the question that is asked. But you have to listen to the question if you don’t understand it, ask for it to be repeated. Then take your time and prepare an answer honestly and candidly.

Finally, review the discovery of both sides. There may be answer to it and there may be other depositions from your employer and coworkers. You have the right to review them. Never volunteer anything and simply answer the questions anything that you volunteer could and will ruin your claim. Again contacting a Queens New York workers compensation lawyer will get you the help you need and deserve in these cases. Always make sure that you are 100% legal in these cases.

With the end of school, the weather is getting warmer and seasonal work is beginning around the country. Recently, Restaurant News stated that the construction industry is the nation’s largest creator of summer jobs. Falling second is the restaurant industry which is the nation’s second largest source of summer employment.

Construction Is Dangerous Did you know that 19.3 percent of fatalities on-the-job in 2012 came from construction? According to the Occupational Safety and Health Administration research, there were 806 deaths in the field construction workers nationwide out of 4,175 total fatalities. The risk of death also increases in the summer time because of these projects and renovations.

Restaurant Industry Business Spikes and So Does Summer Injuries Unfortunately, the restaurant industry can also be a dangerous place during the summer months, especially when inexperienced

workers take jobs. This is where specialized lawyers who are versed in workers compensation should be consulted. We offer information on: • Preventing fatalities due to the “Fatal Four” construction injuries • Preventing deaths and injuries within the restaurant industry • Preventing teen injuries on-the-job If employers practice safety, workers can enjoy a relatively easy summer. Recently, Ohio State University provided information on preventing workplace injuries during summer jobs.The “Hierarchy of Control” is the system coined by researchers there. This system identifies five levels of controlling hazards. It begins with the most effective way to reduce workplace injuries. This includes: • Elimination: Removing the hazard completely from the workplace. In some cases, it is possible to entirely remove dangerous conditions or risk factors. • Substitution: Using a safer alternative material, piece of equipment or tool. For example, old and faulty equipment is dangerous and an unnecessary hazard. It could be removed

from the worksite and replaced with new equipment with modern safety features. • Engineering controls: Adapting equipment and tools to make them safer and reduce the risk of use. Using machine guards and ground fault circuit interrupters would be an example of engineering controls. • Administrative controls: Enhancing the training that employees receive; altering work practices to make them safer; or standardizing the procedures used in the workplace. • Personal protective equipment (PPE). This includes the use of hard hats, safety goggles, fall protection systems and other equipment. As you can see from the list, personal protective equipment, proper training, and more will prevent unnecessary hazards from occurring while business is booming. Using this control system is mutually beneficial to both employers and their staff. Summer’s are hot and tough enough without having to worry about workers compensation. This summer 2014 practice workplace safety.  

The Variance Process as put forth in the 2010 and 2012 New York Workers’ Compensation Board Medical Treatment Guidelines do not address the realities facing the Injured Workers’ of New York. Of course, if you get hurt at work in NYC you should consult a Bronx Workers Compensation lawyer, a

Queens Workers Compensation Lawyer, a New York Workers Compensation lawyer, Staten Island Workers Compensation Lawyer or a Brooklyn Workers Compensation lawyer, or if on Long Island, a Long Island Workers Compensation lawyer. If you consult an attorney at Harris Ugalde & Rzonca, LLP, you can speak to a lawyer about this in either our Queens, Brooklyn or Bronx office. For injuries to the knees, shoulders, back and neck, medical treatment is authorized post-accident per the 2012 Medical Treatment Guidelines. The Workers’ Compensation Law dictates the care given to injured workers.

According to the Guidelines, (1) Medical care for workers’ compensation injuries to the neck, low back, mid back, shoulder, and knee must be provided in a manner “consistent with the MTG.” This is the standard for doctors and health care providers to follow. (2) “Consistent with the MTG” means that care is provided within the criteria and based upon a correct application of the MTG. What is “within the criteria” and “a correct application” is left open for the WCB’s WC Judges to interpret. While this may seem open-ended the general consensus from the Board and our experience in going to hearings is that the injured worker is given 3 months of accident treatment such as physical therapy and chiropractic care. Anything beyond these three months are generally not considered approved by the guidelines. If the claimant undergoes surgery to the knee, shoulder, back and neck, then again the general consensus is the claimant is entitled to treatment for 3 months post-surgical. Again anything beyond these three months are generally not considered approved by the guidelines. A person however, is not a guideline but a living thing. People heal on their own time in many instances. What, however, does an injured worker do, when he or she is in need of continued treatment beyond these 3 months. To attempt to deal with this eventuality, the Board has implemented the Variance Process. The Variance Process states that the treating provider must file a form called an MG-1 for one procedure or modality, or an MG-2 for multiple procedures or modalities, for any treatment outside the guidelines that they feel is necessary. The carrier is therefore placed in an advantageous position by this process. Basically, it means that all care rendered is deemed to be unauthorized until an action by the medical provider. Therefore, the burden is on the medical provider to meet the guidelines for a Variance in order to treat the claimant. Per the Workers Compensation Law, the medical provider requesting the variance has the burden of proof to show that the treatment requested is appropriate and medically necessary for the claimant. N.Y.C.R.R. Section 324.3(a)(2). The attending doctor requesting the variance must provide:

• the basis for the opinion that the specified treatment or test is appropriate and is medically necessary;
• a statement that the claimant agrees to the proposed medical care;
• an explanation why alternatives contained within the Guidelines are not appropriate or sufficient; and
• any signs or symptoms which failed to improve with treatment provided in accordance with the Guidelines; or
• the objective improvements made by particular treatment and the expected improvements with more of the same treatment. See N.Y.C.R.R. 324.3(a)(3).

On the surface, it may seem not that difficult to obtain treatment as long as the Variance Procedure is followed. However, in practice, at the Hearings we attend for Queens Workers Compensation, Bronx Workers Compensation or Brooklyn workers compensation injured workers’ it is nearly impossible to meet the criteria of the Variance Process. Unfortunately, the realities of running a efficient Medical office act as barriers to complying with the Variance process. On each visit, the medical provider must take time out of his or her schedule to create a medical necessity letter that details exactly why the claimant’s treatment is medically necessary. Often this a tedious process which is left to the carrier to decide whether the procedure is medically necessary. In order to not pay extra for care for the claimant, the carrier has a strong impetus to deny all statements of medical necessity pending a decision by the board. If this requirement is somehow overcome, the medical provider must then consult with the claimant to see if the claimant agrees to the proposed medical treatment. Oftentimes, when you

are hurt at work nyc, the injured person may not understand why the treatment is being requested. Therefore there may be a delay in obtaining the very necessary treatment being requested. With regard to alternatives to the treatment being renders may fail, there are only so many treatments to be considered for injuries to a person’s neck, back, shoulders and knees. Therefore suggesting alternatives to the tried and true methods of physical therapy

and chiropractic manipulation would likely prove difficult for a sprain and strain of a back or neck. With regard to the objective gains the injured worker expects to make by the proposed treatment, we argue that this again does not take into account the struggles of the injured worker. Sometimes, a person is simply in pain and needs care to deal with this pain. A person with a serious sprain and strain with positive diagnostic tests may be working with pain in order to put food on his or her table and continue to work. We argue that the Variance Process does not adequately address the realities of the injured worker and need serious revision in order to provide more effective treatment for the injured people of New York. It is always a good idea to

consult a Bronx Workers Compensation attorney, a Queens Workers Compensation attorney, a New York Workers Compensation attorney, Staten Island Workers Compensation attorney or a Brooklyn Workers Compensation attorney, or if on Long Island, a Long Island Workers Compensation attorney. If you speak Polish, we have a Polish Workers Compensation attorney. If you speak Spanish, we have a Spanish workers compensation attorney. If you speak Russian, we have a Russian speaking workers compensation attorney.

• Medical improvement expected – if your condition is expected to improve within a specific time, your first review will be six to18 months after you started getting disability benefits.
• Improvement possible – if improvement in your medical condition is possible, your case will be reviewed about every three years.
• Improvement not expected – if your medical condition is unlikely to improve, your case will be reviewed only about once every five to seven years. This is most common if you are over 55.

If the SSA comes to the conclusion that your condition has improved to the point where you can return to work, you will be notified that your benefit payments will stop. You will be given the chance to appeal the decision and request that your claim be re-heard in front of an Administrative Law Judge (ALJ). You can also ask that your benefits be continued until your hearing. However, if the ALJ agrees with the CDR, you will have to repay these benefits. If you have additional questions about whether or not you are eligible for Social Security Disability benefits you should consult a Bronx Social Security Disability lawyer, a Queens Social Security Disability lawyer, a New York Social Security Disability lawyer, a Staten Island Social Security Disability lawyer, a Brooklyn Social Security Disability lawyer, or if on Long Island, a Long Island Social Security Disability lawyer.

When the time comes to contemplate disability there is often confusion regarding which benefits to apply for or which benefits you are entitled to obtain. There is frequently a misunderstanding about Social Security Disability Benefits (SSD) and Supplemental Security Income (SSI) because they are both administered by the Social Security Administration. It is important to note that the programs are different and understand which benefits you are entitled to receive. Only individuals who have a disability and meet medical criteria may qualify for benefits under either program but they differ in eligibility, payment and medical coverage. Since the Social Security laws are complicated and constantly changing, it is a good idea to consult a Bronx Social Security Disability attorney, a Queens Social Security Disability attorney, a New York Social Security Disability attorney, Staten Island Social Security Disability attorney or a Brooklyn Social Security Disability attorney, or if on Long Island, a Long Island Social Security Disability attorney. If you speak Polish, we have a Polish Social Security Disability attorney. If you speak Spanish, we have a Spanish Social Security Disability attorney. If you speak Russian, we have a Russian speaking Social Security Disability attorney For both programs a person must be found disabled. The term disabled for these

purposes means having a condition that results in

the inability to do any substantial gainful activity; and can be expected to result in death; or has lasted or can be expected to last for a continuous period of not less than twelve months. In order to be eligible for SSD you must be a disabled or blind individual and must have paid social security taxes to become insured for benefits. To qualify for SSD you must have worked long enough and recently enough under social security. It is a requirement that you have enough credits to apply for SSD. Social security work credits are based on your total yearly wages or self-employment income. An SSD attorney can help. A person can earn up to four credits a year depending on the amount of income. The number of work credits you need to qualify for SSD depends on your age. Generally, a person will need forty credits to apply for SSD. However, a younger individual may require fewer credits to be eligible for SSD. In order to be eligible for SSI you must be a disabled or blind adult or child that has limited income and limited resources. SSI pays benefits based on financial needs. Income includes money you earned from work, money you receive from other sources and free food or shelter. Resources are things you own for example: cash, bank accounts, stocks, land, vehicles, property, life insurance or anything else you own that could be converted into cash. To qualify a person must have little or no income and few resources. The amount of benefits that a person will receive will be different if they receive Social Security Disability or Supplemental Security Income. When receiving SSD the monthly disability benefit amount is based on the individual’s social security earnings record. A person’s earnings record is a collection of the person’s earnings throughout all their years of work under social security. Benefit amount will be based on a person’s average lifetime earnings. Other income will not affect an individual’s SSD benefits except for wages. When entitled to receive SSI, the monthly payment is based on need and varies up to the maximum federal

benefit rate. Benefit amount is based on federal and state laws. Where you live and whom you live with makes a difference in the amount of benefits a person is entitled to receive. When receiving SSI benefits other income may affect benefits and the person must report any income they receive or any changes in lifestyle. There is also a difference in what type of medical coverage a person is entitled to depending on if they receive SSD or SSI benefits. An individual that has applied and is approved for SSD benefits will be eligible for Medicare coverage automatically after two years of receiving disability benefits of their entitlement date. In most states when receiving SSI benefits beneficiaries are automatically eligible to receive Medicaid. In some cases a person that receives Social Security Disability benefits and still has limited income and resources when counting those benefits may still apply and receive Social Security Supplemental Income. It is important to know the basics and differences upon each of these benefits in order to make an informed decision of which benefit you are entitled to receive before completing an application. If you have additional questions about whether or not you are eligible for Workers’ Compensation benefits you should consult a Bronx Social Security Disability lawyer, a Queens Social Security Disability lawyer, a New York Social Security Disability lawyer, a Staten Island Social Security Disability lawyer, a Brooklyn Social Security Disability lawyer, or if on Long Island, a Long Island Social Security Disability lawyer. Written by: Charlotte M. Sardiña Iglesias, J.D

This firm was founded to protect the rights of people injured at work and to defend the disabled. This is the heart of the firm’s practice. As we have grown to one of the largest firms in New York handling Workers Compensation and Social Security Disability we have not forgot about what has made our firm sucessful– giving each client the personal attention they deserve. Experience, knowledge and trust solidify our reputation. We appear daily at the Worker’s Compensation Board and have a reputation for fighting aggressively for our clients and obtaining every last cent. As a result, we constantly obtain favorable decisions. Each year, our attorneys represent thousands of clients before the Workers Compensation Board and Social Security Administration to obtain maximum benefits for our clients. Judges know us and insurance carriers know us. Our firm has the advantage of an established Workers Compensation and Social Security benefits department working side by side. This benefit is immeasurable since many people as a result of on the job accidents are unable to ever return to work. By helping our clients apply for Social Security Disability, we are able to obtain additional income for our clients that will supplement the difference between their Worker’s Compensation check and what they were earning before their accident. In addition, we provide free legal counseling from our of counsel

personal injury attorneys who are available to answer all questions regarding possible third party actions. Many times, you can have a personal injury case in addition to a Worker’s Compensation claim out of the same accident. Many times our experts are able to discover potential law suits that other attorneys failed to realize. This is important, as some statute of limitations are as short as 90 days for filing a claim! Clients and attorneys recommend us with confidence, knowing their friends and family will receive the best legal representation. In fact, our number one referral source are our thousands of satisfied clients. Our professional, and courteous staff is always accessible by phone and email. We speak Spanish, Russian, Polish, Chinese, Bengali, Hindi & Greek and give free consultations and meet with clients in either of our three fully staffed offices conveniently located in Queens, Brooklyn and The Bronx. For clients unable to travel due to their injuries, an attorney will come to meet you at your home or hospital. Be careful– many attorneys advertise that they handle Worker’s Compensation cases. However, many will sign your case and then refer

it to another attorney to handle. Before signing with any attorney, ask if they will be personally representing you. We personally represent every client that we retain and we will always be there for you every step of the way. If you require a Queens Workers Compensation attorney, please come to our Queens

office in Rego Park. If you need a Bronx Workers Compensation attorney, please come to our office in the Bronx, which is right next to all the courts and 2 blocks from Yankee Stadium. If you wish to consult with a Brooklyn Workers Compensation attorney, please come to our Brooklyn office conveniently located in downtown Brooklyn.