Practice Areas and Legal Definitions
Workers' Compensation:
Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on-the-job or becomes ill, temporarily or permanently disabled, or fatally injured due to circumstances surrounding his or her job.
Although workers' compensation laws vary from state to state, covered medical care generally includes: medical, surgical and hospital services, dental services, crutches, hearing aids, chiropractic treatment, physical therapy, nursing care and prescribed medications. Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness. The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury.
Orthopedic injuries:
Orthopedic injuries can include injuries involving the spine, bones, joints, muscles, nerves and other parts of the skeletal system. The most common orthopedic injuries are bones fractures and sprains and strains. Sprains describe an injury to a ligament and strains describe an injury to muscle. Treatment for orthopedic injuries include medical counseling, medications, casts, splints and therapies, such as exercise or surgery.
Repetitive Stress injury:
If an individual develops a repetitive stress injury (i.e. carpal tunnel syndrome, tendonitis, tennis elbow, etc.) from duties performed while on-the-job, he or she may receive workers' compensation benefits including their choice of doctor(s), full medical care compensation, lost wage benefits, a lump-sum cash settlement, vocational retraining or re-schooling and permanent wage loss benefits.
Construction/Industrial Accidents:
Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.
Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a workers' compensation attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.
Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.
Toxic Exposure:
Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. Some toxic substances are shown to cause substantial injury to people, such as lead-based paint (linked to brain damage, especially in children), asbestos (linked to lung cancer and restrictive lung disease), dry cleaning and other solvents (linked to brain damage and major organ damage), pesticides such as dioxin and DDT (linked to birth injuries) and toxic landfill waste (linked to leukemia).
Retaliatory Discharge:
If an individual is terminated from their place of employment after reporting a workers' compensation claim, he or she could be entitled to substantial damages in a retaliatory discharge lawsuit against their former employer.
Federal laws prohibit an employer from discharging or discriminating against an employee because of a workers' compensation injury. If an employer fires or forces the resignation of an injured employee in retaliation for filing a workers' compensation claim, the employee can file a civil lawsuit against the employer seeking damages in court, provided the employee has evidence of such an allegation. Also, if an employer denies permission for immediate medical attention following a work-related injury, or does not permit an employee to seek out the services of other medical professionals in conjunction with assigned company doctors, the employee can seek legal retribution under workers' compensation laws.
If you or someone you know needs the assistance and skilled legal counsel of an experienced New York workers' compensation lawyer, contact Rella & Associates, P.C. today at 866-785-4019, or complete the contact form provided on this site to schedule your free consultation.
