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Can my Employer Retaliate if I File a Workers’ Comp Claim?

Some people are hesitant to file a workers’ compensation claim, even if they know their case is completely valid, because they’re afraid that their employer will retaliate against them. While this is certainly not something that should occur, it does. Many states do have laws that state employers may not retaliate in any way against workers, some states don’t. It can also sometimes be difficult to prove that your employer’s actions are a direct result of the workers’ comp claim you’ve filed.

What Does the Law Say?

Workers’ comp laws are not universal—each state has its own laws, and while some are very similar, some are fairly different. For example, many states do have laws that protect your job if you file a workers’ comp claim, but there are some where your employer could fire you. There is no federal law protecting employees who have filed workers’ comp claims.

What Are Protected Activities?

In order to show that you’re being retaliated against, you have to have engaged in a protected activity under your state’s workers’ comp laws. These protected activities, again, do differ from state to state. Most are fairly broad and offer protection to those who have filed a claim, alerted their employer that they are intending to file a claim, or have sustained some sort of injury while on the job. Some states do require you to file a formal document stating that you were injured, but many do not. Even in states that don’t necessarily require this documentation, it’s always a good idea to file the paperwork anyway. It helps back up your claim and creates a paper trail for the series of events surrounding your injury.

What Counts as Retaliation?

Retaliation can come in many forms and is often unique to your situation. Broad forms of retaliation from an employer include being demoted, having your responsibilities changed, lowering your pay, or bringing unwarranted disciplinary actions against you.

You should never let your employer or anyone else intimidate you into not filing a valid workers’ comp claim, especially if you were severely injured. Maximum Orthopedics is here to help you file these claims and receive the compensation you’re due. Contact us today to learn more about what filing a claim involves.

  • Posted on: Aug 30 2018
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What Can Orthopedic Physical Therapy Do for Me?

An orthopedic physical therapist is an expert in helping you regain your motor functions, range of motion, and normal healthy life after you’ve been injured or dealt with an illness that affects the joints, bones, tendons, ligaments, or muscles. These orthopedic issues require the assistance of someone who has the education and knowledge not only of physical therapy but also of orthopedics. They understand how the bones and tissues work together to provide motion, and they can help you overcome a wide range of different musculoskeletal conditions.

What Injuries Require Orthopedic Physical Therapy?

If you’ve had a fracture or have strained a muscle, you may be sent to an orthopedic physical therapist. They will help you recover from these issues by putting you through a number of different exercises designed to strengthen the injured part of the body and restore your full range of motion. One of these experts may also assist you if you’ve sprained a ligament or following an operation. Those who suffer from bursitis or tendonitis may also want to seek out the help of an orthopedic physical therapist.

Of course, dealing with pain is also something this type of physical therapist can assist you with. They will help you learn your limits and carefully move beyond them so that you don’t further hurt yourself or experience a great amount of pain when doing basic functions.

What Tools Do Orthopedic Physical Therapists Use?

Orthopedic physical therapy uses some of the same tools and techniques that standard physical therapy uses. These include applying heat and ice to the area and using electrical stimulation machines. They also have a number of different exercise tools to help you stretch and work out the area.

The main tool used in orthopedic physical therapy is exercise. Some of these exercises are done with different equipment, but often they simply include walking or making repetitive motions in order to regain strength and flexibility. This is especially true in the early stages of orthopedic PT when you’re still fairly weak and need to take it easy to avoid further injury.

Are you in need of orthopedic physical therapy? If so, Maximum Orthopedics is here to help. Contact us today to set up an appointment.

  • Posted on: Aug 15 2018
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Why Was My Worker’s Comp Claim Denied?

If your worker’s comp claim has been denied, you’re likely to be shocked and disheartened. Unfortunately, a number of these claims do come back denied. If your case was denied, it could be because of one of these very common reasons.

You Missed the Deadline

Worker’s comp cases must be filed in New York in a very timely manner. You only have two years from the date of the accident to file your claim. You need to inform your employer of the accident as soon as you can and do so in writing if at all possible. This creates a record showing that you informed your employer of the accident. You need to do this within 30 days. If you’ve missed these or any other deadlines involved in filing your worker’s comp claim, it may be denied simply because it was filed late.

Your Injury Doesn’t Fall Under Worker’s Comp Injuries in New York

Each state defines and limits worker’s comp cases in specific ways. It may be possible that New York doesn’t include your specific injury or cause of injury in its worker’s claim laws. If your injury wasn’t severe, for example, you may not qualify for worker’s comp. You will want to work with an expert medical professional to determine the extent of your injuries before you file your case.

Your Employer Disputed the Claim

Your employer may have disputed your claim, stating that you weren’t at work while you were injured or that your injury was due to a condition that occurred before you were hired. It can be difficult to fight this type of claim if you don’t have witnesses, video of the accident, or other proof. If your employer has disputed the claim, you can appeal, but you will certainly need to have as much evidence as you can possibly get. This includes medical reports, witness testimony, and any other proof you can submit that backs up your claim.

Working with the Right People

Your worker’s comp claim has a much higher chance of being approved if you partner with the right people. Maximum Orthopedics is one of New York’s top worker’s compensation professionals, and we’re here to help you file your claim and receive the compensation you deserve. Contact us today to learn more about how we can help you.

  • Posted on: Jul 17 2018
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Common Worker’s Comp Claim Mistakes

Making a mistake in filing your worker’s comp case can result in the entire claim being dismissed. It’s absolutely vital that you avoid as many mistakes as you can and that you have someone experienced with these claims read over your paperwork before you file it. Here are some of the most common mistakes you can make that can lead to your claim being dismissed.

You Miss a Deadline

Whether you didn’t report your injury timely or you filed the paperwork late, any missed deadline can result in a dismissed claim. Don’t wait to file reports or get the ball rolling on your claim. New York only gives you three years from the date of the accident, so don’t assume you have time to handle your injuries, go through physical therapy, rebuild your life, and then file your claim. It takes time to get everything together, so start as soon as you can.

You Don’t File Everything Needed

Another common mistake is leaving out a form, forgetting to file a witness testimony, or missing medical records. Make certain you’re submitting all of the paperwork you need.

You Didn’t Document the Injury

Some worker’s comp injuries occur in full view of a dozen other employees and witnesses. Others may occur when you’re the only person around. If that’s the case, it’s important you document what happened as soon as you can. Write down exactly what occurred and, if possible, take photos or videos when you’re able to. Never put your well being at risk in order to take these photos but do so as soon as you’re capable. You want to be able to show that something did occur. Report it to your supervisors, let other co-workers know what happens (for their safety as much as for your claim), and write down the chain of events that led to the accident. This way, you get down your experiences as soon as you can so you aren’t relying on memory later.

Get Help

Worker’s comp cases can be some of the most complicated legal procedures you’ll ever deal with. That’s why it’s important to work with professionals who understand the process and know what you need. Contact Maximum Orthopedics today for assistance in your worker’s comp case. These experts understand what you need and will help you avoid making mistakes when you file your claim.

  • Posted on: Jul 1 2018
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Common Work Injuries Covered by Worker’s Compensation

Workers’ compensation is an insurance system established to provide financial support and lifetime medical treatment to employees who have been injured on the job or off the job while performing a work-related task. It also benefits employers and protects them when their employees are injured.

What Types OF Common Injuries Are Covered?

For an employee, it is important to know what kind of injuries are common and will regularly be covered by workers’ compensation. This is because, it ensures that medical help will be provided by the employer when necessary. Though every work environment has its own different type of compensation, there are some common injuries covered by worker’s compensation. This article outlines some of the most common work injuries covered by worker’s compensation.

  1. Poisonous plants and animal bites are very common for people who work outdoors. As such, it becomes one of the most common type of injuries covered by worker’s compensation. It is especially common for people who work on farms and those who are a part of biological studies.
  2. Burns are another type of injury that are covered. Every business is prone to a fire attack, as such burns are often treatable by worker’s compensation. Next time you get burned on the job, be sure to make use of your compensation.
  3. Carpal Tunnel Syndrome is a common injury that largely affects people working on computers such as writers, accountants, and data entry clerks. It is usually resolved with a minor surgery that is commonly covered by worker’s compensation. Therefore, if your hand starts cramping up, just inform your employer and get it fixed as soon as possible.
  4. Drug and Blood-borne Risk Exposure/Needle-sticks is common is hospitals and testing facilities. As such, lab assistants and nurses often have the highest risk numbers. This is usually fixed easily, so it is commonly in the worker’s compensation.
  5. Fall injuries are common to both construction workers and firefighters, it therefore makes it a common injury covered by worker’s compensation. Falls can also occur in jobs working outside in rural areas, such as a tree-trimmer falling out of a tree or a forester falling off a cliff trail.

Visit our website today to find out more on injuries in the workplace and what to do about them. You can also sign up for our newsletter today for insights and more articles.

  • Posted on: Jun 29 2018
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Top Workplace Hazards

In order for productivity to increase and maximum output to be achieved, the work environment needs to be friendly and conducive for all employees. In order to achieve this status, all managers need to be aware of workplace hazards. While each working environment has its own potential hazards, there are those that occur more than often.

Common Workplace Hazards You Should Know About

  1. Chemicals

It is no surprise that chemicals are one of the most common workplace hazards. If you work with chemicals in the form of fumes, gases, liquids, solids, dust, vapors and corrosives you are at a greater risk of suffering a workplace injury. A potential hazard is transferring chemicals from one container to another. Even if employees feel comfortable around the chemicals and have worked with them for years, the containers must be labeled as required under the Hazcom standard. Even the smallest of spills can be consequential to the employees.

  1. Working at height

The Bureau of Labor Statistics data shows that falls to a lower level accounted for 14 percent of all fatalities in 2014, and OSHA standards related to scaffolding and ladders are regularly among the most frequently cited violations. Some employers may not know they have to provide fall protection, or the fall protection gear may not be worn properly or not hooked up to anything. This makes it one of the most common workplace hazards.

  1. Electrical hazards

People who work directly with electricity, including electricians and engineers, are at risk of injury; these include people who work with electrical equipment. During adverse weather, a person making a fix with power tools outdoors can sustain electrical injury, it therefore makes electricity one of the most dangerous hazards in the workplace. It is especially bad because it can cause death.

  1. Fire

No matter what business you are running, fire will always a workplace hazard; even the fire department is at risk of being on fire. This mostly happens because employees are unaware of where fire extinguishers are placed; also, they may lack knowledge on how to use them

To find out more about workplace hazards, visit our website and social media pages for more helpful information plus other articles.

  • Posted on: Jun 15 2018
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What Are My Options After Getting Hurt On the Job?

No one enjoys the pain that comes with an injury. But what if you get hurt while carrying out your work duties? What are your options?

Getting hurt at your workplace can be such a traumatic experience. The pain itself weighs heavily on your body. Your productivity level goes down, reducing your wage hours. That’s if you are lucky enough to make it to work. Others may even lose their ability to work completely.

The law requires that your employer ensures there is a safe working environment for you and your colleagues. If they do not that, you are entitled to monetary compensation. The negligence theory is used in your favor in this case.

For employees who have insurance coverage, the compensation will be handled by your insurance company. You can’t receive compensation both from your employer and the insurance company.

When you get hurt at work, make sure you do the following:

Get medical treatment

Immediately when you are injured at work, get medical treatment right away. Ensure you are attended to by an approved health care provider. If not, you risk jeopardizing your compensation claims later.  Either your employer or insurance company may give you a list of doctors to seek medical help from in the event of an accident at work.

Report the injury

Do not assume that your employer already knows about your injury just because they took you to the hospital. Notify them of your injury in writing to initiate the compensation claims process. Your supervisor may also create an accident report and give you a copy.

Keep notes of significant contacts

Have a list of important people you were in contact with during the occurrence of your accident. These may be people such as your supervisor or company representatives, among others. They help boost the strength of your worker’s compensation claim.

Follow medical directions

If you deviate from the medical directions given, you reduce the possibility of being compensated after getting hurt at work. It may be argued that you purposely chose to be sick in order not to report to work.

Fill out the worker’s compensation form

All the steps taken above are meant to ensure that you will receive your compensation. If you were genuinely hurt at work and you weren’t under the influence of any drugs, chances of you getting compensated are always high. Fill out this form and submit it to the relevant office. Continue following the doctor’s directions and attend any hearing related to your compensation when notified.

The actions taken after you get hurt at work determine whether you will be compensated or not. Take the right path so as not to lose your right to compensation.

  • Posted on: May 15 2018
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Notorious Reasons Workers Compensation Claims Get Denied

Employees have the liberty to file for worker’s compensation claims, but unfortunately it’s not a surety that they will be paid.

As employees go about their daily duties at work, they may get injured or develop a medical condition as a result of the job. These kinds of employees always hope that they qualify for the worker’s compensation claims. That’s not always the case. The compensation claims end up being denied due to a wide range of factors. Read on to find out more.

  1. Delay in reporting the injury

A worker’s compensation process typically begins once the injured worker notifies his/her employer. Failure to tell your employer about the injury in a timely manner absolves the employer from any legal requirement to initiate the claims process. The only time when an employer would have to report a worker’s injury to their insurer is when this injury reduces an employee’s full wages for at least 5 days. It is your responsibility to alert your employer about an injury. Do not make the assumption that the employer has already seen it or knows about your state. In fact, it is better to issue a written notice.

  1. Reporting your injury to the wrong people

This is a common mistake by most employees. Once they are hurt, they are quick to tell their doctors about the work’s injury but do not do the same with their insurer or employer. Your claim is greatly undermined if you do not report it to the right people. If you wait until your doctor suggests a surgery for you to report an injury, your insurer may be suspicious of the claim and deny it.

  1. Injury didn’t take place at work

You have been insured against work injuries. An injury that takes place while you were doing anything else rather than your job duties won’t be compensated. You do not necessarily have to be at your jobsite for you to receive your claim. Individuals who get injured while on a job assignment elsewhere have a claim.

  1. Got injured while intoxicated

Accidents that happen while you were intoxicated are typically not compensated. While being taken to a doctor for a work injury, you may often be required to test for alcohol or drug use. If it is found that you were under the influence of drugs, the claim gets canceled altogether.

  1. Non-medical provider treated you

The worker’s compensation system empowers your insurance company to give you a list of doctors from whom to receive treatment. Deviating from this list with no justifiable reason puts your compensation claims in jeopardy.

It is not a guarantee that getting injured at work makes you qualify for compensation claims. Understand all the rules involved to increase your chances of getting compensated.

  • Posted on: May 1 2018
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Conditions Commonly Treated by an Orthopedics Specialist

Orthopedic doctors can diagnose and treat a number of conditions related to workplace injuries. While orthopedic doctors are specialized in treating the bones and joints, this extends to many different conditions and injuries.

Here are a few of the most common conditions an orthopedic doctor can treat, and what that treatment might look like.

  • ACL Injuries: The ACL connects your femur to your tibia. Unfortunately, twisting or putting pressure on your knee the wrong way can lead to damage to the ACL. While common in athletes, ACL injuries can also happen at work.
  • Ankle Fractures & Sprains: Ankle fractures and sprains can happen after slips, trips, or rolling an ankle. Usually, sprains can be treated without any surgery. Fractures, on the other hand, may require an orthopedic surgeon.
  • Arthritis: Arthritis can occur in the foot and ankle, hand, and knee. Osteoarthritis can occur as a result of “wear and tear” and may appear after spending long periods of time in the workforce.
  • Carpal Tunnel Syndrome: Carpal Tunnel Syndrome appears as a result of repetitive motions, such as typing at a computer all day. While we don’t often think of Carpal Tunnel Syndrome as a workplace injury, it is pretty common.
  • Throwing Injuries: If your job requires you to lift and move heavy objects, you may experience a throwing injury, such as a rotator cuff tear, a shoulder labral tear, or rotator cuff tendinitis.
  • Wrist Fractures & Sprains: Just like ankle fractures or sprains, wrist fractures and sprains can occur relatively easily on the job. If you slip and fall and hurt your hand or wrist, you may sustain a fracture or a sprain.

These are just a few of the many conditions an orthopedic doctor can help treat. If you’ve recently been injured while at work, it’s important that you find the treatment and help you need to reduce pain and fix the condition.

If you’re in the New York City area, Maximum Orthopedics can help you throughout the entire treatment process. To talk about your injury and potential treatment for your condition, contact one of our three convenient locations today.

  • Posted on: Apr 24 2018
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Orthopedic Treatment After a Work Injury

If you’ve recently been injured in the workplace, it can be difficult to bounce back. When you’re unable to work and medical bills are quickly racking up, it can quickly become an incredibly stressful situation.

In order to restore your health and get back to work, you need to get the right treatment. In many cases, this begins with an orthopedic surgeon.

Let’s take a look at who an orthopedic surgeon is, as well as what they can do for you.

What is an Orthopedic Doctor?

An orthopedic doctor focuses on the musculoskeletal system, which includes the bones, skeleton, muscles, tendons, ligaments, joints, and more. While orthopedic doctors encompass this entire area, some doctors specialize in certain parts of the body.

Some orthopedic doctors may only treat back injuries, while others focus on the hands or feet.

However, they’re frequently used after workplace injuries.

What Treatments Do Orthopedic Doctors Offer?

Orthopedic doctors can provide you with a range of treatments. This can include everything from medications and injections to physical therapy. They can also provide diagnostic tests, such as MRIs and x-rays.

Your orthopedic doctor can help you determine the appropriate treatment for your injury and condition. With a wide range of expertise, they can provide you with all the care you need to restore your health and get back to work.

Orthopedic Doctors and Workplace Injuries

Injuries in the workplace can often cause damage to the musculoskeletal system. Whether you’ve hurt your wrist or you’ve injured your back, orthopedic surgeons can treat an array of conditions that might be leaving you out of work.

However, it’s always important to work with an orthopedic doctor with experience in workplace injuries and workers’ compensation insurance. Because there are certain procedures, paperwork, and guidelines your doctor must follow to be covered by your insurance, you want to work with someone who knows exactly what they’re doing.

In the New York City area, Maximum Orthopedics can help you get the treatment you need. Visit one of our three convenient locations today to get the treatment and care you need.

  • Posted on: Apr 10 2018
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