New York Workers Compensation Lawyer Blog

Workers' compensation can be a precarious process. Last week we wrote that injured workers are sometimes hesitant to file a claim for fear that they will be blamed for the accident or have their claim denied because of some illegal action they were involved in at the time.

Another concern injured workers have is how they are expected to behave after receiving workers' compensation benefits. There have been numerous instances in New York and elsewhere of workers who had their benefits challenged or rescinded due to evidence of them behaving in ways which were allegedly inconsistent with their injuries.

Last April, we wrote about a dangerous airborne hazard that could be injuring employees and customers at a number of hair salons in New York and across the country. A popular keratin treatment for women known as "Brazilian Blowout" was flagged by the Occupational Safety and Health Administration (OSHA) after tests revealed that high levels of formaldehyde gas were being released during the heating and straightening process.

The harmful fumes from formaldehyde can produce a wide range of health consequences including irritated eyes and allergic reactions. Formaldehyde gas has also been labeled as a possible carcinogen.

The details surrounding each workers' compensation claim are unique. Therefore, it is not always easy to predict whether an injured worker will receive benefits or have them denied, especially if there is reason to suspect that the injured employee's actions or negligence could have been a factor in the accident.

In many previous cases, the New York Workers' Compensation board has ruled that in order for an injury claim to be compensable, it must "arise out of and in the course of employment." Boards and courts across the nation often make similar rulings. In a recent case from another state, a woman was granted compensation for a tripping accident at work despite the fact that she had illegal drugs in her system at the time of her fall.

Mayor Michael Bloomberg is touting changes to New York City's building safety codes as the reason behind an 18-percent drop in construction accidents in 2011. According to statistics quoted by the mayor, New York construction accidents fell from 157 in 2010 to 128 in 2011.

The mayor told reporters, including those of his company's news outlet, Bloomberg News, that construction activity is on the rise in the Big Apple, so the reduction in workplace injuries and deaths is especially significant.

Earlier this week, we discussed the fact that an Avon, New York metal products manufacturing plant had been substantially fined by the Occupational Safety and Health Administration (OSHA) for serious and repeated safety hazards in the workplace. It seems that another New York metal-works plant has been similarly cited this month.

The metal finishing plant was cited for safety violations by OSHA after an employee suffered a significant workplace injury. The man was burned while trying to extinguish a fire ignited by flammable vapors. The fire occurred in an unventilated room containing 800 gallons of dangerously flammable liquid.

The Occupational Health and Safety Administration (OSHA) regularly inspects worksites in New York and elsewhere as part of its efforts to increase workplace safety. If inspections are successful, employers can be confident in the safe nature of their places of business.

However, when inspectors find problems (and they often do), employers are informed and are generally given a chance to fix whatever infractions they have been cited for. Failure to address safety concerns can lead to workplace injuries among employees and penalties issued by OSHA.

New Yorkers who work in offices, on the road and on construction sites are all at risk for suffering from work-related back pain. Nationwide, back pain is the second most frequent reason that Americans visit healthcare providers. Much of this pain begins with either back injury or back strain caused at work.

Help may be just a few correct movements away. A recent study published in the British Journal of Medicine indicates that correct usage of the Alexander technique can aid in relieving up to 86 percent of an individual's chronic back pain.

In an election year, the media tends to focus on issues which cost both New York and the nation a great deal of money and time. Interestingly, one of the most costly healthcare issues currently plaguing the country gets very little attention in the media.

Workplace injuries and work-related illnesses cost both individual workers and the general economy a staggering amount of money. A recent study indicates that these occupational health issues cost Americans roughly $250 billion a year.