Injuries

  • 1. Skull/Head/Brain/Forehead

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    Injured workers are entitled to medical care and wage replacement for disabling head and/or brain injuries including and not limited to traumatic brain injury, loss of consciousness and concussions.

    Injured workers may suffer from the psychological effects of a workplace injury or illness including stress, fear, anxiety, panic, phobias, depression, Post Traumatic Stress Disorder and coping with chronic pain. Injured workers who also suffer psychological injuries are entitled to psychological and/or psychiatric care as well as wage replacement if the psychological injury is disabling.

    Each case is unique, however, and it is recommended that you work with an attorney to obtain the benefits you need.

  • 2. Face/Nose/Cheek/Lip/Forehead/Chin

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    Injured workers are entitled to medical care and wage replacement for disabling injuries to the Face/Nose/Cheek/Lip/Forehead/Chin. This could include plastic surgery.

    Any disfigurement causes physical and emotional trauma, but facial disfigurements can be especially traumatic. In addition to the possibility of losing the ability to see or hear, facial disfigurements may significantly alter a person’s looks. This may cause psychological damage as the person adjusts to life after the injury.

    Under New York workers’ compensation law, you may be entitled to additional benefits, up to a maximum of $20,000, if you suffer a serious, permanent disfigurement to the head, face or neck. Disfigurement may include permanent scarring on the face or may involve damage to the eyes, ears, nose or lips.

    Each case is unique, however, and it is recommended that you work with an attorney to obtain the benefits you need.

  • 3. Ear

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    Employees with job related ear injuries are entitled to medical care. This includes the cost of a hearing aid when necessary.

    Disfigurement: An injured worker who suffers a serious, permanent disfigurement or scarring to the ear may be entitled to additional benefits, up to a maximum of $20,000 under the facial disfigurement statute.

    Occupational Hearing Loss: An employee who has been exposed to loud noises in the workplace is entitled to Workers Compensation benefits for a partial or total loss of hearing.

    Traumatic Hearing Loss: An employee who incurs a blow to the head, a strong blast of air into the ear, etc. is entitled to Workers Compensation benefits for partial or total hearing loss.

    There are strict filing deadlines on “loss of hearing” claims. The waiting period for a worker to file a claim for job-related hearing loss is three months from the date the worker leaves employment or is removed from exposure to harmful noise in the workplace (can be by way of protective devices).

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 4. Teeth

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    Employees with job related damage to their teeth are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries. This includes the reasonable cost of a dental care and devices when necessary.

    Any trauma that impacts an employee from the neck up is likely to involve a dental injury. For example, dental trauma may occur as a result of car accidents, workplace violence, construction or manufacturing accidents, slips and falls, or falling objects.

    Temporomandibular joint (TMJ) disorder can be triggered by impact to the jaw in a job or post-traumatic stress that leads to grinding of the teeth and jaw.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 5. Neck (Cervical Spine)

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    Employees with job related injuries to their neck are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries.

    Medical care to the neck is governed by the Medical Treatment guidelines. Employees with neck injuries may require physical therapy, chiropractic care, MRI’s, injections or in more serious cases surgery.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 6. Shoulder

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    Employees with job related injuries to their shoulder are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries.

    Medical care to the shoulder is governed by the Medical Treatment guidelines. Employees with shoulder injuries may require physical therapy, MRI’s, injections or in more serious cases surgery.

    Schedule Loss of Use Award: A “Schedule Loss of Use” (generally known as an “SLU”) is a type of benefit award which may be made after an injured worker rehabilitates and is considered by his/her own doctor to have achieved Maximum Medical Improvement for his/her work-related injury or illness. An SLU award is based in part on the percentage loss of use assigned to the arm by the injured workers doctor as well as the insurance company doctor. Of course, very often the insurance company’s doctor states a lower percentage of loss than the injured workers doctor. Often insurance companies will agree to pay a higher SLU award (than is supported by their own expert’s opinion) just to avoid lengthy and costly litigation. Thus, claimants with attorneys may achieve better results compared with unrepresented claimants. If the parties cannot reach an agreement then the doctors testify regarding their opinion and the judge decides. In this situation, the insurance company’s lawyer will cross-examine the injured worker’s doctor to try and weaken that doctor’s medical opinion. Claimants who fail to obtain their own experienced legal counsel may forfeit valuable benefits if they are not able to effectively cast doubt upon the medical opinion given by the insurance company’s doctor.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 7. Back/Lumbar Spine/Thoracic Spine

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    Employees with job related injuries to their back/lumbar spine/ thoracic spine are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries.

    Medical care to the Back/ Lumbar Spine/ Thoracic Spine is governed by the Medical Treatment guidelines. Employees with Back/ Lumbar Spine/ Thoracic injuries may require physical therapy, chiropractic care, MRI’s, EMG/NCV’s injections or in more serious cases surgery.

    Spinal injuries can be permanent. If an employee experiences an injury while on the job that concludes in permanent damage, he or she can be classified as having a permanent disability once he or she reaches maximum medical improvement. A physician must determine the nature of the medical disability and how it affects the injured workers ability to compete on the open labor market.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 8. Knee/Leg

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    Employees with job related injuries to their knee are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries.

    Medical care to the knee is governed by the Medical Treatment guidelines. Employees with knee injuries may require physical therapy, MRI’s, injections or in more serious cases surgery.

    Schedule Loss of Use Award: A “Schedule Loss of Use” (generally known as an “SLU”) is a type of benefit award which may be made after an injured worker rehabilitates and is considered by his/her own doctor to have achieved Maximum Medical Improvement for his/her work-related injury or illness. An SLU award is based in part on the percentage loss of use assigned to the leg by the injured workers doctor as well as the insurance company doctor. Of course, very often the insurance company’s doctor states a lower percentage of loss than the injured workers doctor. Often insurance companies will agree to pay a higher SLU award (than is supported by their own expert’s opinion) just to avoid lengthy and costly litigation. Thus, claimants with attorneys may achieve better results compared with unrepresented claimants. If the parties cannot reach an agreement then the doctors testify regarding their opinion and the judge decides. In this situation, the insurance company’s lawyer will cross-examine the injured worker’s doctor to try and weaken that doctor’s medical opinion. Claimants who fail to obtain their own experienced legal counsel may forfeit valuable benefits if they are not able to effectively cast doubt upon the medical opinion given by the insurance company’s doctor.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 9. Elbow/Arm

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    Usually, elbow injuries result from either traumatic accidents or repetitive movements. Employees with either traumatic or repetitive job related injuries to their elbow are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries.

    If the elbow injury is due to repetitive work activity such as assembly line work or working with a vibrating machine such as a floor cleaner or drill then the claim should be filed as a repetitive trauma claim. Repetitive trauma claims are harder to prove then traumatic injuries and often the cases are controverted by the insurance company.In these instances the claimant and their doctor will usually be required to testify before the workers compensation board. It is recommended that you obtain a skilled attorney to help win a repetitive trauma claim.
    Schedule Loss of Use Award of the arm: A “Schedule Loss of Use” (generally known as an “SLU”) is a type of benefit award which may be made after an injured worker rehabilitates and is considered by his/her own doctor to have achieved Maximum Medical Improvement for his/her work-related injury or illness. An SLU award is based in part on the percentage loss of use assigned to the arm by the injured workers doctor as well as the insurance company doctor. Of course, very often the insurance company’s doctor states a lower percentage of loss than the injured workers doctor. Often insurance companies will agree to pay a higher SLU award (than is supported by their own expert’s opinion) just to avoid lengthy and costly litigation. Thus, claimants with attorneys may achieve better results compared with unrepresented claimants. If the parties cannot reach an agreement then the doctors testify regarding their opinion and the judge decides. In this situation, the insurance company’s lawyer will cross-examine the injured worker’s doctor to try and weaken that doctor’s medical opinion. Claimants who fail to obtain their own experienced legal counsel may forfeit valuable benefits if they are not able to effectively cast doubt upon the medical opinion given by the insurance company’s doctor.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

    Olecranon bursitis: The olecranon is the bony prominence right behind the elbow joint. Olecranon bursitis involves swelling and tenderness over the olecranon. Bursitis is most commonly found behind the elbow joint.

    Tendonitis: Technically, tendonitis can be found in any of the tendons surrounding the elbow. Two of the tendons that are notorious for creating elbow pain include the biceps tendon and the triceps tendon. Biceps tendonitis involves pain in front of the joint, while triceps tendonitis involves pain behind the joint.

    Cubital Tunnel Syndrome: Cubital tunnel syndrome involves pain surrounding the elbow joint, as well as pain that shoots down the forearms and causes numbness in the fingers. The pain is caused by compression to the ulnar nerve. The ulnar nerve is a nerve that wraps around the inside of the elbow joint.

    Radial tunnel syndrome (resistant tennis elbow): Radial tunnel syndrome is like tennis elbow, only it involves compression of a nerve in the forearm. Compression takes place in the elbow, which pinches the nerve and makes it difficult for the nerve to operate muscles in the wrist and hand. This involves pain around the elbow as well as weakness in the wrist and hand

    GENERALLY, WHEN YOU FIRST BECOME AWARE THAT A MEDICAL CONDITION IS WORK-RELATED YOU SHOULD CONSULT WITH AN ATTORNEY ABOUT FILING A CLAIM.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 10. Wrist/Hand

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    Usually, wrist injuries result from either traumatic accidents or repetitive movements. Employees with either traumatic or repetitive job related injuries to their elbow are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries.

    Schedule Loss of Use Award of the hand: A “Schedule Loss of Use” (generally known as an “SLU”) is a type of benefit award which may be made after an injured worker rehabilitates and is considered by his/her own doctor to have achieved Maximum Medical Improvement for his/her work-related injury or illness. An SLU award is based in part on the percentage loss of use assigned to the hand by the injured workers doctor as well as the insurance company doctor. Of course, very often the insurance company’s doctor states a lower percentage of loss than the injured workers doctor. Often insurance companies will agree to pay a higher SLU award (than is supported by their own expert’s opinion) just to avoid lengthy and costly litigation. Thus, claimants with attorneys may achieve better results compared with unrepresented claimants. If the parties cannot reach an agreement then the doctors testify regarding their opinion and the judge decides. In this situation, the insurance company’s lawyer will cross-examine the injured worker’s doctor to try and weaken that doctor’s medical opinion. Claimants who fail to obtain their own experienced legal counsel may forfeit valuable benefits if they are not able to effectively cast doubt upon the medical opinion given by the insurance company’s doctor.

    Carpal Tunnel Syndrome (CTS), a personal illness categorized under cumulative trauma disorder or repetitive motion trauma, is the fastest growing occupational illness in the United States. Activity centers inside the wrist in the carpal tunnel, a collection of 8-10 tendons surrounding the median nerve. The tendons slide easily encased in the synovial sheath, however when subjected to repeated, limited range motions (i.e. typing), the sheath can swell and fill with fluid, putting pressure on the median nerve and sending pain into the fingers. Symptoms of CTS are the burning, prickling, and tingling within the wrist or first three fingers and thumb. The highest prevalence of self-reported CTS is in the mail service, health care, construction, assembly line, and fabrication industries. In the past, CTS has been limited to the manual labor industry, but a trend is rising in the computer industry as well. Risk factors most strongly associated with exposure to CTS are the repetitive bending or twisting of the hands and wrist at work and the use of vibrating tools. It’s important for a physician or specialist to determine if you have carpal tunnel syndrome.

    GENERALLY, WHEN YOU FIRST BECOME AWARE THAT A MEDICAL CONDITION IS WORK-RELATED YOU SHOULD CONSULT WITH AN ATTORNEY ABOUT FILING A CLAIM.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 11. Fingers and thumbs

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    Employees with job related injuries including amputations to their fingers and thumbs are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries.

    Schedule Loss of Use Award to the Finger or thumb: A “Schedule Loss of Use” (generally known as an “SLU”) is a type of benefit award which may be made after an injured worker rehabilitates and is considered by his/her own doctor to have achieved Maximum Medical Improvement for his/her work-related injury or illness. An SLU award is based in part on the percentage loss of use assigned to the finger or thumb by the injured workers doctor as well as the insurance company doctor. Of course, very often the insurance company’s doctor states a lower percentage of loss than the injured workers doctor. Often insurance companies will agree to pay a higher SLU award (than is supported by their own expert’s opinion) just to avoid lengthy and costly litigation. Thus, claimants with attorneys may achieve better results compared with unrepresented claimants. If the parties cannot reach an agreement then the doctors testify regarding their opinion and the judge decides. In this situation, the insurance company’s lawyer will cross-examine the injured worker’s doctor to try and weaken that doctor’s medical opinion. Claimants who fail to obtain their own experienced legal counsel may forfeit valuable benefits if they are not able to effectively cast doubt upon the medical opinion given by the insurance company’s doctor.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 12. Lungs

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    A worker that has suffered injury to the lungs by exposure to harmful substances associated with the workplace, such as dust, fumes, smoke or chemicals, may be entitled to medical care and wage replacement.

    Asthma: While occupational asthma is not a wide-spread disease, bad air quality and other conditions subject many employees to unhealthy work environments. Symptoms most often occur while you are in the workplace and in direct exposure to a problematic substance. You may be at risk for asthma even before you step foot into your workplace if you have a family or personal history of asthma or other allergies. However, once you reach your workplace and become exposed to that environment, your condition may worsen. Employees who develop asthma as a result of their work conditions are entitled to Workers Compensation benefits including medical care and wage replacement.

    Occupational diseases are also covered by workers’ compensation. An occupational disease is a condition which is caused by the specific type of job over a period of time. An occupational disease may result from being exposed to a substance typical to your job over a long period of time. An example of this type of occupational disease would be bakers’ asthma, which occurs from being exposed to flour dust over a long period of time.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

    GENERALLY, WHEN YOU FIRST BECOME AWARE THAT A MEDICAL CONDITION IS WORK-RELATED YOU SHOULD CONSULT WITH AN ATTORNEY ABOUT FILING A CLAIM.

  • 13. Hip

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    Employees with job related injuries to their hip are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries and ultimately if appropriate an award for an permanent loss of use of the leg, otherwise known as a schedule loss of use award.

    Schedule Loss of Use Award to the Leg:A “Schedule Loss of Use” (generally known as an “SLU”) is a type of benefit award which may be made after an injured worker rehabilitates and is considered by his/her own doctor to have achieved Maximum Medical Improvement for his/her work-related injury or illness. An SLU award is based in part on the percentage loss of use assigned to the leg by the injured workers doctor as well as the insurance company doctor. Of course, very often the insurance company’s doctor states a lower percentage of loss than the injured workers doctor. Often insurance companies will agree to pay a higher SLU award (than is supported by their own expert’s opinion) just to avoid lengthy and costly litigation. Thus, claimants with attorneys may achieve better results compared with unrepresented claimants. If the parties cannot reach an agreement then the doctors testify regarding their opinion and the judge decides. In this situation, the insurance company’s lawyer will cross-examine the injured worker’s doctor to try and weaken that doctor’s medical opinion. Claimants who fail to obtain their own experienced legal counsel may forfeit valuable benefits if they are not able to effectively cast doubt upon the medical opinion given by the insurance company’s doctor.

  • 14. Heart

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    Heart attacks and strokes: A heart attack or stroke caused by the physical or mental stress of employment is generally covered by Workers’ Compensation. Even if you had a prior heart condition or other risk factors not related to your work, you may be entitled to Workers’ Compensation benefits. Heart attack and stroke claims are some of the most difficult claims to establish, so you should consult an attorney as soon as possible. If a heart attack or stroke arises out of and in the course of employment then it is compensable. “Arising out of employment” means that a heart attack or stroke would have happened at least in part because of the work or work environment. Illnesses and conditions are often progressive in nature, and they may be due to other or unknown causes, such as family history, obesity, smoking, etc. It would be up to the worker to prove that the heart attack or stoke was related to or caused – at least in part – by the work. Were there precipitating work factors, such as unusual physical exertion or mental stress? Also, in any discussion of heart attacks and strokes, the issue of pre-existing conditions often comes into play. While pre-existing conditions would generally not be compensable, they would also not necessarily be a bar to compensability. If it can be shown that the work aggravated or accelerated a pre-existing condition, compensability may be granted.

    Employees who are found to have suffered job related heart attacks or stroke are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries.

    If your loved one died due to a heart attack or stroke on the job, then the spouse and dependent children are entitled to weekly compensation benefits. In some cases dependent parents may also be entitled to weekly compensation benefits. If the deceased has neither a spouse nor children, then the estate may be eligible for a lump sum payment of $50,000.00, plus the cost of funeral expenses. Death benefits for surviving children usually end when the child reaches majority. If the child is a full-time student, however, the benefits may be continued until he or she graduates.

    GENERALLY, WHEN YOU FIRST BECOME AWARE THAT A MEDICAL CONDITION IS WORK-RELATED YOU SHOULD CONSULT WITH AN ATTORNEY ABOUT FILING A CLAIM.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 15. Foot/Ankle

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  • 16. Toes

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    Employees with job related injuries including amputations to their toes are entitled to Workers Compensation benefits including medical care and wage replacement for disabling injuries.

    Schedule Loss of Use Award to the great toe or other toes: A “Schedule Loss of Use” (generally known as an “SLU”) is a type of benefit award which may be made after an injured worker rehabilitates and is considered by his/her own doctor to have achieved Maximum Medical Improvement for his/her work-related injury or illness. An SLU award is based in part on the percentage loss of use assigned to the great toe or other toes by the injured workers doctor as well as the insurance company doctor. Of course, very often the insurance company’s doctor states a lower percentage of loss than the injured workers doctor. Often insurance companies will agree to pay a higher SLU award (than is supported by their own expert’s opinion) just to avoid lengthy and costly litigation. Thus, claimants with attorneys may achieve better results compared with unrepresented claimants. If the parties cannot reach an agreement then the doctors testify regarding their opinion and the judge decides. In this situation, the insurance company’s lawyer will cross-examine the injured worker’s doctor to try and weaken that doctor’s medical opinion. Claimants who fail to obtain their own experienced legal counsel may forfeit valuable benefits if they are not able to effectively cast doubt upon the medical opinion given by the insurance company’s doctor.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

  • 17. Hernia

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    Claims for injuries due to repeated use of the body, including hernias are covered in most cases by workers compensation. If repeated stress and strain on the job has caused a hernia, you may be eligible for workers’ compensation benefits. This will include payment for all medical expenses, and possibly temporary disability payments. The legal boundary is that employees are protected by workers’ compensation as long as they are ‘in the course of employment’ when the injury occurs or if the employment situation aggravates a condition. Contact an attorney familiar with workers’ compensation law for more details.

    GENERALLY, WHEN YOU FIRST BECOME AWARE THAT A MEDICAL CONDITION IS WORK-RELATED YOU SHOULD CONSULT WITH AN ATTORNEY ABOUT FILING A CLAIM.

    Each case is unique and it is recommended that work with an attorney to obtain the benefits you need.

Injured Body