Posts From July, 2021

Filing a Worker’s Comp Claim for Heat Stroke

Heat stroke occurs when you overheat, and it is a major concern for those who work outdoors during the summer in areas where the temperature climbs into the triple digits. If you work in these conditions and suffer from heat stroke, you may be able to file a worker’s comp claim for any medical expenses incurred due to the condition. Heat stroke is a serious medical issue and can result in permanent damage to your organs or even death, so you could be left with lifelong health problems. You may be entitled to substantial compensation if that occurs.

Document the Event

If you do suffer from heat stroke while at work, you will want to fully document what occurred. As soon as you can, write down what you had done for the entire day up to the point of the incident. Write down the environment, describe your location, note the temperature if possible, and include any other detail you can think of. Proving that heat stroke occurred due to your job activities and environment will likely rely on these details.

Does Your Employer Follow Heat Stroke Safety Protocols?

It’s also important to note any heat stroke safety protocols that your employer has in place and document how you followed those protocols. OSHA requires employers to provide breaks, water, and other accommodations to avoid heat stroke. You should have time to adjust to higher temperatures, reduce the amount of heavy labor done during the heat, and take frequent water breaks. Employers also need to provide heat stroke information to their employees, including the common signs of heat stroke and a documented plan for dealing with the condition.

It’s your employer’s responsibility to provide these safety protocols, but it’s also your responsibility to take advantage of them. Make certain you do drink water regularly throughout the day and take breaks. If your employer fails to follow OSHA regulations, you may find it easier to receive worker’s comp for heat stroke. However, if you fail to take these preventative measures, it’s very likely your claim will be denied.

Need help filing your worker’s comp claim? The team at Maximum Orthopedics is here to help. Contact us today to get your case started.

  • Posted on: Jul 27 2021
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Workers’ Comp and Death Benefits

If you die due to an accident related to your job, you want to know that your family is protected. New York workers’ compensation laws do lay out how death benefits are awarded and what your family will receive. Here is some basic information about how New York provides for the families of those who lose their life while on the job.

Who Can Claim Workers’ Comp Death Benefits?

Anyone who is in your immediate family may be able to claim death benefits. This includes your spouse, children, and grandchildren. If you don’t have a family, your parents or even your grandparents can file a claim, as can your siblings. In the event that you have no immediate family, the executor of your estate may be able to file on behalf of the estate.

However, there are some rules in place that limit some of the above people’s eligibility. For example, your children must be under 18 unless they are a full-time student. If they are, the age limit is extended to 23. Otherwise, they are not eligible to claim death benefits unless they are permanently physically disabled and dependent on you. These same rules apply to your grandchildren and siblings. For parents/grandparents, the individual making the claim must be dependent on you.

What Benefits Are Paid Out?

Workers’ comp pays out two different benefits. First, your family will receive a lump sum for funeral expenses. This sum depends on where you live and other factors.

Second, the person who files for your death benefits will receive a monthly payment for as long as they are eligible. This payment is based off of your average weekly wage at the time of your death. There are a number of factors that play a part in how much the survivor receives and for how long. For example, your children will stop receiving payments when they turn 18 (or 23, if they are in college). Your spouse will stop receiving payments if they remarry.

If you would like to learn more about workers’ comp death benefits in New York or need assistance filing a claim, the team here at Maximum Orthopedics can help. We have years of experience assisting clients with workers’ comp claims. Reach out today to schedule an appointment.

  • Posted on: Jul 15 2021
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