Buckley, Mendleson, Criscione, and Quinn, P.C.Buckley, Mendleson, Criscione, and Quinn, P.C.2022-05-03T15:47:27Zhttps://www.bmcqlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1300616/2020/06/cropped-favicon-32x32.jpgOn Behalf of Buckley, Mendleson, Criscione, and Quinn, P.C.<![CDATA[Can I file a personal injury lawsuit?]]>https://www.bmcqlaw.com/?p=617962022-04-29T15:49:41Z2022-05-03T15:47:27ZDid I sustain serious injuries?
The first thing to consider is whether another individual’s actions harmed you. Minor scrapes and bruises may not merit taking legal action. However, if a crash causes significant physical damage, you might want to explore your options.
Do I have expenses related to my injuries?
Seeking a physician’s assistance is often imperative after a crash. Therefore, the at-fault party may be held accountable for your medical bills if a court believes you wouldn’t have sustained injuries if not for their actions.
What evidence do I have to show the cause of my injuries?
Although it’s not necessarily your responsibility to prove fault, a police report or witness statements suggesting the other party’s error can help support your claim.
Am I within the statute of limitations?
New York only allows you to file a personal injury claim for up to three years. You’d be wise to file your claim as soon as possible to protect your right to seek compensation.
Since the New York personal injury laws consider your assumption of risk in an accident, you don’t need to be entirely blameless to file a suit. Courts will factor your “contributory negligence” into any financial damages they award.
Your choice in the matter
While these questions can help guide your thought process, they won’t provide a legally sound answer about your rights.
Whether you try to protect your interests is your choice. If you decide to hold a negligent driver accountable, prepare accordingly.
]]>On Behalf of Buckley, Mendleson, Criscione, and Quinn, P.C.<![CDATA[On-the-job hip fractures]]>https://www.bmcqlaw.com/?p=617942022-04-27T02:33:29Z2022-04-29T13:30:53Zbroken hips, nearly always caused by a fall. This type of injury can affect young individuals on a job site, as well as those over age 65.
Diagnostic imaging
Seek medical attention for a painful fall at work so your doctor can use an x-ray to confirm whether you have a hip fracture. You may need an MRI if a hairline fracture remains unclear, but you have abnormal hip and leg positioning.
Treatment options
The severity of your injury may dictate your recovery options, considering age and overall health as additional factors.
Depending on the extent of your hip fracture, your provider may suggest surgical treatments like:
Screw insertion
Partial hip replacement
Total hip replacement
Medication and rehabilitation are standard components of a treatment plan as well.
Recovery time
Though you might be up and moving again soon after surgery, you should anticipate an extended leave from work as you heal.
Physical therapy can help you increase strength and range of motion. Occupational therapy may help you regain independence with daily activities.
Financial compensation
The financial stress of missed time from work, appropriate health care and rehabilitation may seem devastating after fracturing your hip at work. Thankfully, you can file a workers’ compensation claim to cover the overwhelming expense of this type of injury.
You can familiarize yourself with the state’s approved Medical Treatment Guidelines. Meanwhile, remember you have access to a system that can help you with your monetary needs for injuries sustained at work.]]>On Behalf of Buckley, Mendleson, Criscione, and Quinn, P.C.<![CDATA[Driving is top cause of fatalities in the workplace]]>https://www.bmcqlaw.com/?p=617642022-04-10T00:27:23Z2022-04-13T13:23:59Znumber of motor vehicle-related deaths while on the job.
Breaking down the numbers
The CDC found that 1,270 people died due to traffic-related deaths. It accounted for 24% of all workplace deaths in 2019, which is the most recent year with comprehensive numbers. Driving was the most common or second most common cause of death on the job in all major industries. The highest percentages were in the following:
Transportation and warehousing were 41% of the total.
Construction was 12% of the total.
Wholesale and retail trade were 9% of the total.
Administrative support, remediation and waste management tied with 7% each.
In addition, there were 577 deaths, which is 11% of all work-related deaths, that were vehicle-related. It is due to workers riding in vehicles, driving on private roads, or pedestrians struck by vehicles.
Non-fatal injuries were also common
Not every motor vehicle crash involved death, so many workers suffered brain trauma, spinal cord injury, broken bones, burns, and internal injuries. These injuries can leave workers out of work for extended periods, forcing them to find other types of work or leaving them unable to work.
Dealing with the injuries
Those injured in a motor vehicle collision should seek medical help as soon as possible. It is also smart to notify a manager or employer. This can help provide all the support information when filing a worker's compensation claim, even when the worker dies from the injuries. It may also be possible for the injured or their family to file a personal injury or wrongful death lawsuit if others' negligence caused the injuries. Victims or family members unsure of what to do can speak with an attorney who handles worker's compensation or personal injury claims. They can help guide victims and family members through the entire process so they can get the benefits or compensation they rightfully deserve.]]>On Behalf of Buckley, Mendleson, Criscione, and Quinn, P.C.<![CDATA[Chemicals in the workplace]]>https://www.bmcqlaw.com/?p=617902022-03-29T16:17:44Z2022-04-04T09:14:55ZWhat information can you find on Safety Data Sheets?
The Occupational Safety and Health Administration (OSHA) requires employers to maintain Safety Data Sheets (SDSs) for the chemicals kept on hand. These documents contain essential information about the materials and related safety precautions.
Each SDS identifies the product’s name, manufacturer information and the chemical’s recommended use. Further information is broken down into categories which include:
Medical treatment
Reactivity and stability
Cleanup procedures
Exposure control
Toxicity
Your employer must have SDSs available for industrial chemicals and any products you might use differently from their recommended home use. They should educate you on material use and familiarize you with the recognized ways to minimize potential injuries.
Treatment and self-advocacy
If you become injured or ill on the job, be sure to report your condition to your employer immediately so they can support your workers’ compensation claim. Then learn about your rights if they don’t take your injury seriously.
The various chemicals you could encounter in the workplace may require different first-aid responses, and improper treatment could make matters worse.
It’s better to seek medical attention than to assume everything is fine after your initial response to chemical exposure. Bringing a copy of the related SDS can help your health care team treat your injury accordingly.]]>On Behalf of Buckley, Mendleson, Criscione, and Quinn, P.C.<![CDATA[How much does workers’ compensation pay?]]>https://www.bmcqlaw.com/?p=617882022-03-28T21:25:21Z2022-03-30T22:23:40Z
Can I recover fully?
Is my job in jeopardy?
How will I pay my bills while I can’t work?
The workers’ compensation system is in place to protect individuals injured on the job. However, understanding there are benefits available is one thing. Knowing how they might help your case is another.
Percentage of disability
The New York Workers’ Compensation Board has a specific formula for determining benefits. This may include factors such as whether your condition is temporary or permanent.
When you first become injured, the Board may consider your disability temporary. Injuries leading to a partial permanent disability would be paid according to the state’s Schedule Loss of Use (SLU).
Hearing
Eyesight
Extremity
Brain, spine, heart, lung and pelvic injuries are permanent conditions and do not relate to the SLU, according to the Board. They would qualify you for benefits according to a different schedule. Meanwhile, face, head and neck disfigurement may entitle you to receive additional compensation.
Maximum weekly benefits
Keeping the above in mind, you should also understand that there is a maximum amount of workers’ compensation you can receive each week. This amount is adjusted each July.
If you were injured on or after July 1, 2021, the most you could anticipate receiving per week is $1,063.05. Your maximum for injuries sustained during the previous fiscal year is $966.78.
Optimal results
Job-related injuries are often complex and emotionally taxing in addition to physically painful. And financial demands continue, despite your ability to earn an income.
Although the amount of benefits you receive must meet specific criteria, you must protect your interests. Understanding your rights can help you advocate for your needs.]]>On Behalf of Buckley, Mendleson, Criscione, and Quinn, P.C.<![CDATA[Social Security for mental disorders]]>https://www.bmcqlaw.com/?p=617862022-03-15T03:48:25Z2022-03-17T11:46:30ZWhat kind of conditions qualify for disability benefits?
The Social Security Administration (SSA) recognizes specific mental disorders as disabling conditions. Some of the qualifying categories for benefits eligibility relate to:
Autism spectrum disorder. Individuals diagnosed with autism might display communication limitations, varied sensory responses and behavioral tendencies. Earning potential may depend on severity. Interaction, concentration and the ability to process information may factor into an SSA determination.
Trauma and stress. Violence can have a detrimental effect on concentration, memory and interaction. You may need to provide medical documentation for two or more years of treatment.
Anxiety and obsessive-compulsive disorders. Agitation, low energy and sleep disruptions can affect your ability to complete your assigned tasks. Employers may determine working at a slow pace doesn’t benefit the company’s productivity.
Diagnoses typically affect individuals differently. Getting your provider’s opinion about your ability to function on the job is a good place to start.
Your mind and your rights
The SSA may consider multiple factors once you apply for benefits. The Americans with Disabilities Act provides legal policies for working with a disability.
Whether your situation allows you to work part-time or not at all, be sure you understand your options. The level of your abilities shouldn’t affect your rights.]]>On Behalf of Buckley, Mendleson, Criscione, and Quinn, P.C.<![CDATA[Will health care and workers’ compensation education go viral?]]>https://www.bmcqlaw.com/?p=617782022-03-07T21:22:27Z2022-03-09T21:21:27ZGovernor Kathy Hochul announced that employees should understand their rights when considering the lasting effects of COVID-19. This includes an individual’s well-being, health and earning capability.
COVID-19 in the workplace
Questions continue to arise about how employee rights are affected when they contract the coronavirus at work. If you missed time from work and struggle with your recovery from COVID-19, filing a workers’ compensation claim may be the best thing to do.
Long-term effects
Post-COVID conditions can continue to affect your physical and mental health after the virus runs its course. Lingering challenges may include:
Insomnia
Brain fog
Heartbeat irregularities
The Centers for Disease Control and Prevention suggests some symptoms may worsen after activity. If you continue to struggle with regaining your full earning potential, work with your provider to develop a comprehensive treatment plan.
The benefits you need
Filing a workers’ compensation claim doesn’t guarantee you’ll receive benefits. However, you have the right to explore your options if you believe you came into contact with the coronavirus on the job.
Claim approval may include lost wages and medical care expenses. Conditions that result from COVID-19 may also factor into your total benefits.
Time will tell how many workers will take advantage of the online educational resources provided by the Workers’ Compensation Board.
You likely agree that you deserve to get the help you’re legally allowed. Educating yourself about the options available can help you understand how to recover from the effects of COVID-19.
]]>On Behalf of Buckley, Mendleson, Criscione, and Quinn, P.C.<![CDATA[New York’s serious injury threshold]]>https://www.bmcqlaw.com/?p=617762022-02-28T22:59:51Z2022-02-28T15:59:41ZLoss greater than $50,000
The serious injury threshold defines the laws regarding severe personal injury claims. State guidelines determine the severity of an injury according to situations that include:
A fracture
The loss of an unborn child
Disfigurement or dismemberment
A significant limitation of a body organ or part
Death
It also covers cases where your injuries will prevent you from participating in your regular daily activities for 90 or more days following an accident.
Supporting qualifications
You may need to explain any gaps in your treatment if you receive questions about your injuries. Pre-existing conditions could factor into a court's judgment, as the parties involved consider how your accident potentially irritated a previous injury. However, a pre-existing injury will generally not disqualify someone from bringing a claim.
Your doctor's records should contain a quantifiable explanation of your medical restrictions or limitations, as well.
How can I make my case?
Meeting the serious injury threshold requirements can allow you to seek financial compensation from the party responsible for your injuries. As such, a personal injury lawsuit can be a positive step toward meeting your needs as you move forward with your life.
You might not understand the full complexity of your injuries immediately following an accident. State law allows you up to three years to take legal action after an incident, though it's not a good idea to delay filing your claim. Evidence supporting your case could disappear, and witnesses' recollections of the matter may diminish.
]]>On Behalf of Buckley, Mendleson, Criscione, and Quinn, P.C.<![CDATA[What can I do about a burn injury at work?]]>https://www.bmcqlaw.com/?p=617732022-02-14T14:07:02Z2022-02-17T14:06:05Zemployment injuries involving falls, equipment and transportation accidents. However, less common job-related injuries can also require treatment and time missed from work, potentially correlating with the benefits you’re awarded.
Classification and recommended treatment
WebMD categorizes burn injuries according to the amount of tissue damage. For example:
First-degree burns are superficial, causing reddening of the skin. These may require antibiotic ointment or aloe vera cream. To help ease discomfort, you could also use over-the-counter pain medication.
Someone suffering a second-degree burn might notice skin swelling and blisters. Doctors may prescribe an ointment to treat pain and prevent infection.
Third-degree burns char skin and often cause numbness. An IV can replace bodily fluids or supply antibiotics.
Nerve, muscle and bone damage could result from deeper, fourth-degree burns. In some cases, a skin graft procedure may be necessary.
Pain and discomfort may extend beyond your initial treatment. Plus, complications like sepsis, breathing trouble and a dysregulated body temperature could arise after suffering more severe burns.
Following your health care provider’s treatment recommendation is the best way to heal. That way, you can regain your full earning potential as quickly as possible.
You have the right to explore your options
Getting the benefits you deserve isn’t always easy on your own. But remember, you deserve to be safe at work and can file a workers’ compensation claim for injuries sustained on the job.]]>On Behalf of Buckley, Mendleson, Criscione, and Quinn, P.C.<![CDATA[Are you aware of these three reasons for traffic accident injuries?]]>https://www.bmcqlaw.com/?p=617712022-02-10T18:44:51Z2022-02-14T18:41:38Zaccident injuries.
Risky behaviors
Shifting into drive with drugs or alcohol in your system always increases the potential for a catastrophe. Doing so can also open the door for legal ramifications.
Additional hazardous actions include drowsy or distracted driving, using electronic devices behind the wheel and aggressive tendencies, such as road rage. Although there are ways to mitigate risk, some dangers may be out of a motorist’s control.
External contributions
You might believe you’re a better driver than those around you and place blame on another motorist for your involvement in a traffic incident. While their error or lack of experience could’ve contributed to your injuries, you might also ask whether additional factors were at work.
For example:
Was the road designed well and maintained for optimal safety?
Could a vehicle system have failed, putting others in danger?
Did law enforcement officers enforce traffic laws correctly?
As a motorist untrained in accident investigation techniques, it would be virtually impossible to identify what led to a crash. Forming a convincing case to maximize compensation for a personal injury claim requires the help of a legal professional.
What can I do?
You may be able to seek a financial settlement to aid in your recovery after a crash. Exploring your options can help you understand what went wrong on the road and how to hold others accountable.
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