Category Archives: Workers’ Compensation

Researchers to Identify ‘Forever Chemicals’ on Construction Sites

Yellow construction helmet placed on a concrete surface at a building site, with blurred workers and structures in the background under warm sunlight.

Construction workers face significant health risks from exposure to hazardous chemicals on the job, with per- and poly-fluoroalkyl substances (PFAS) emerging as a major concern. Known as “forever chemicals” because they don’t break down in the environment, PFAS are linked to serious health issues, including cancer, liver damage, and immune system dysfunction.

To better understand the dangers PFAS pose at construction sites, researchers have launched a groundbreaking study to assess the impact of these chemicals on workers nationwide.

“This is the first study to systematically document PFAS exposures in the construction sector,” explained Public Health Research Associate Professor Anila Bello of the Zuckerberg College of Health Sciences in an interview with UMass Lowell. “We will perform a comprehensive assessment of PFAS present in workers, the sources of the exposure, and how PFAS enter the body.”

This research seeks to shed light on a long-overlooked health risk, offering critical insights into how construction workers can be protected from harmful chemical exposure on the job.

What are PFAS and why are they so dangerous?

PFAS, or “forever chemicals,” are synthetic substances originally created to repel water, grease, and other materials from surfaces. While their versatility made them popular in a wide range of products, these chemicals are now known for their persistence in the environment and their ability to accumulate in the human body, potentially causing serious health problems.

As explained by UMass Lowell, PFAS chemicals earned their “forever” nickname because they don’t break down easily. Instead, they linger in soil, water, and even our bodies for years.

Common sources of PFAS exposure include:

Construction materials: Paints, varnishes, glues, and adhesives frequently used at job sites.
Insulation products: Especially those used for electrical wiring and other installations.
Water-resistant clothing: Outdoor gear and textiles designed to repel water often contain PFAS.
Food packaging: Grease-resistant wrappers and containers used in fast food or takeout packaging.
Firefighting foam: Commonly used in training exercises and emergency situations.
Nonstick cookware: Popular coatings like Teflon often rely on PFAS chemicals.
Cosmetics: Waterproof or long-lasting makeup products frequently contain PFAS.

For construction workers, the risks are particularly high due to regular exposure to PFAS in paints, adhesives, and insulation materials on job sites.

Common workplace illnesses caused by PFAS

Exposure to PFAS can lead to serious health issues for workers across various industries, including construction. These synthetic substances are linked to a range of illnesses that can develop after prolonged or repeated exposure on the job.

Common PFAS-related workplace illnesses include:

Cancer: PFAS exposure has been associated with several types of cancer, including kidney, thyroid, testicular, and breast cancer.
Kidney diseases: Workers may develop chronic kidney diseases, reduced kidney function, or even kidney failure due to exposure.
Liver damage: PFAS chemicals can lead to liver failure or other forms of chronic liver damage.
Immune system disorders: PFAS can weaken the immune system, making it harder for the body to fight infections and recover from illnesses.
Fertility issues: Exposure to PFAS may result in reduced fertility in both men and women.
Pregnancy-related complications: Pregnancy-induced hypertension and preeclampsia, which involve dangerously high blood pressure during pregnancy, have been linked to PFAS exposure.

Why are PFAS so common on construction sites?

PFAS are everywhere, with most Americans exposed to them at some point, according to the Centers for Disease Control and Prevention (CDC). However, construction workers face an elevated risk due to the nature of their work, which often involves regular contact with materials and conditions that increase the likelihood of exposure. This heightened risk is why researchers are focusing on construction workers in their upcoming study to assess the severity of PFAS-related illnesses in the industry.

Here are some key reasons why construction workers are particularly vulnerable to PFAS exposure:

Handling hazardous materials: Construction workers frequently work with products containing PFAS, such as paints, varnishes, adhesives, and insulation materials. Regular exposure during handling or application increases the risk of long-term health issues.
Demolition work: Tearing down old buildings or structures can release PFAS-containing materials into the air. This process often generates airborne particles that can be inhaled, raising the risk of PFAS-related illnesses.
Inhaling hazardous dust: Construction sites are filled with dust particles, many of which may contain PFAS. Without proper protective equipment, workers can inhale these particles, leading to cumulative exposure over time.

The combination of direct handling, airborne risks, and dust inhalation makes PFAS a significant hazard for construction workers.

How are researchers studying PFAS exposure?

According to the UMass Lowell article, researchers recently received a $600,000 grant from the Center for Construction Research and Training to study PFAS exposure levels among construction workers.

The Center for Construction Research and Training is funded by the National Institute for Occupational Safety and Health (NIOSH). Researchers will study PFAS levels in construction workers’ blood, urine, and stool samples.

The study will enable researchers to identify the severity of PFAS exposure among construction workers, along with which chemicals workers are being exposed to the most on the job.

“Our goal is to reduce and, when possible, eliminate PFAS exposures at the source and ultimately to minimize health risks among those who work in construction and allied trades,” researcher Dhimiter Bello said in an interview with UMass Lowell. “This, in turn, is expected to reduce PFAS-related occupational diseases.”

How an attorney can help if you’ve developed a work-related illness

Construction workers face unique and significant risks from PFAS exposure, with potentially devastating health consequences. This groundbreaking study is a critical step toward understanding and addressing the dangers of “forever chemicals” in the construction industry. But for workers already suffering from illnesses caused by PFAS, the path to justice and recovery can feel overwhelming.

If you or a loved one has developed a work-related illness due to PFAS exposure in New York, taking immediate action is essential. These cases are complex, often involving workers’ compensation claims, third-party liability, or other legal avenues to secure the compensation you need for medical care, lost wages, and future expenses.

At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we have decades of experience fighting for construction workers in New York who have been injured or made ill on the job. Our team understands the challenges workers face, and we’re committed to pursuing every available legal option to hold responsible parties accountable.

Don’t wait to seek legal help. Contact us today to schedule a free consultation. With 12 offices across New York, including five in NYC, we’re ready to fight for you and your family.

“The firm treated me with respect and dignity and handled all my workers comp issues with ease. I highly recommend them. Thank you.” – Eduardo D., ⭐⭐⭐⭐⭐

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The Impact of Vision and Hearing on Workplace Safety

Male construction worker wearing a yellow hard hat, safety goggles, and ear protection, symbolizing workplace safety and the use of personal protective equipment (PPE).

Audio and visual health is an extremely important part of workplace safety, but it is often overlooked. Yet these senses are critical to maintaining a safe and efficient work environment, and failing to address problems can have serious consequences.

Employers have a responsibility to provide safe working conditions. And on a job site, workers also depend on each other to help keep the workplace safe. This includes wearing appropriate protective gear and actively identifying and addressing safety hazards.

For example, clear vision is crucial for identifying hazards, reading warning signs, and operating machinery safely. In workplaces with heavy machinery or frequent loud noises, good hearing allows workers to detect warning signals, alarms, and verbal instructions promptly, reducing the risk of accidents.

An article in Occupational Health & Safety offers seven strategies employers can use to improve worker audio-visual health:

1. Follow All OSHA Testing Guidelines

This seems straightforward but needs to be emphasized. Adhering to annual OSHA vision and hearing tests ensures workplace compliance and, more importantly, identifies potential issues. This allows employers to guide workers in addressing their challenges and reinforce the importance of using proper protective equipment to maintain both safety and long-term health.

2. Conduct Thorough Pre-Employment Physicals

Pre-employment physicals, including vision and hearing tests, help identify issues such as color blindness, which could impact job performance. They also establish a baseline for future comparisons. If annual tests show declines in these areas, medical professionals can address the risks of not wearing proper protection and develop corrective or preventive measures.

3. Explain the Risks

Not wearing proper eye and ear protection endangers both workers and their co-workers. Educating workers about the risks of not using protection, such as corrective lenses or hearing aids, emphasizes that maintaining audio-visual health impacts everyone. The message needs to be that workplace safety requires a team effort.

4. Put People in Positions to Thrive

Not everyone has perfect vision or hearing, so it’s important for employers to assign workers with impairments to less hazardous tasks. For example, someone with depth perception issues should avoid areas with heavy machinery. However, ensuring everyone wears proper eye and ear protection remains critical for overall site safety.

5. Introduce Signage and Reminders

It’s easy to forget protective equipment occasionally, but visual reminders help. Signage on floors, walls, and even in bathrooms can prompt workers to use safety gear. Incorporating PPE reminders or brief safety talks during pre-shift meetings is another effective way to ensure everyone remembers to wear proper vision and hearing protection.

6. Set an Example

When workers see supervisors and other members of management neglecting eye and ear protection, they may assume it’s unimportant. While wearing protective gear is an individual responsibility, management sets the tone by leading by example and offering direct reminders. Ensuring safety should always be prioritized, even if it feels repetitive or excessive.

7. Provide Options

If protective gear is uncomfortable, workers won’t wear it. Offering various eye and ear protection options helps workers choose what’s most comfortable, increasing compliance. Eye and ear protection are essential for workplace safety – and since there is a wide range of protective equipment, there’s no excuse for not using it.

If you’ve been hurt, an experienced workers’ compensation lawyer can help

When workers are injured on the job, they deserve workers’ compensation benefits. These benefits can pay for needed medical treatment and provide partial wages to help injured workers get through this difficult time.

However, the claims process can often be complicated. Initial claims for benefits are denied. Employers and their insurance companies dispute the seriousness of injuries. And workers can be pressured to return to the workplace before they have fully recovered from their injuries. That’s why you need an experienced New York workers’ compensation attorney on your side.

If you suffered a workplace injury, it’s important to get legal advice as soon as possible. The attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP can help. We’ve been fighting for injured workers in New York for more than 90 years. Our lawyers can guide you through the process every step of the way and will fight for the benefits you deserve.

“Amazing experience and what a great team. Everything I needed was resolved so I highly recommend them.” – Vanessa N.

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Trench Collapses Claim Hundreds of Lives in the U.S.

Trenches are a common sight across the United States and in New York. They appear on the sides of highways, at large construction sites, and during new home builds. Thousands of workers work in these trenches every day, including construction workers, plumbers, and utility workers. Trenches may seem like routine parts of construction, but they present significant dangers: trench collapses. These are among the most deadly yet preventable construction accidents.

A recent investigation by NPR, Texas Public Radio, and 1A examined the effectiveness of OSHA, the federal agency responsible for ensuring workplace safety. The investigation reviewed 10 years of OSHA workplace accident data, examining hundreds of pages of inspection reports, court records, lawsuits, and other documentation.

Reporters also spoke with relatives of victims and current and former OSHA administrators. What they found demonstrates serious flaws in how OSHA handles trench safety and enforcement.

OSHA imposes fines on companies that fail to follow safety regulations, but the investigation found that some companies simply ignore these penalties. For example, one company still owes more than $1.4 million in fines imposed after the deaths of two employees eight years ago. Despite this significant amount, the company continues operating without facing any meaningful consequences.

What did the investigation into trench collapses reveal?

The investigation revealed that several companies with workers killed in trench accidents had been previously sanctioned by OSHA. At least 10 companies had prior violations related to trench work. One company received five citations in four years; another got cited four times over a similar period.

Despite these repeated offenses, these companies still operated without making significant safety improvements. The pattern suggests that OSHA’s current system fails to hold repeat offenders accountable, putting more workers at risk.

OSHA has the authority to issue imminent danger notices at job sites where trenching violations pose an immediate threat to workers’ lives. However, the investigation found that OSHA seldom uses this power. Even when violations could result in serious physical harm or death, OSHA often doesn’t take the steps necessary to shut down dangerous work sites.

Over the past decade, deaths from trench collapses in the United States have fluctuated, with a peak of 40 fatalities in 2022. This marks a 60% increase from the previous year. These deaths persist despite OSHA’s regulations designed to prevent them. The rising number of fatalities signals that current safety measures and enforcement efforts are not enough to protect workers.

How deadly are trench collapses?

Trench collapses happen without warning and leave little time for workers to escape. A cubic yard of soil can weigh up to 3,000 pounds, which is the same weight as a small car. When a trench collapses, this soil can move rapidly, burying workers in seconds. The danger is clear, but safety measures exist to prevent these tragedies.

Common causes of trench collapses include:

Soil type and condition: Different soil types (e.g. clay or sandy soil) affect trench stability. Loose or wet soil can collapse more easily than compacted soil.
Trench depth: Trenches deeper than 5 feet are at higher risk of collapse. The greater the depth, the more pressure is exerted on the trench walls.
Soil vibrations: Nearby machinery or heavy traffic can cause vibrations that destabilize trench walls.
Weather conditions: Rain or snow can saturate the soil and weaken its stability.
Improper shoring: Failure to use or improperly install trench boxes or other protective systems can leave workers exposed to collapse hazards.
Inadequate sloping: Trenches must be sloped properly to prevent collapse. Steeper trenches without proper sloping are at higher risk.
Overloading: Storing heavy materials or equipment too close to the edge of a trench can cause the trench walls to give way.

Get the legal help you need for construction accident injuries

If you or a loved one has been injured in a trench collapse or any other type of construction accident, don’t wait to seek legal help. At the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, we have over 90 years of experience helping injured workers in New York. Our legal team can guide you through filing a workers’ comp claim, third-party lawsuit, and other legal options.

We offer free consultations to discuss your case and help you understand your rights. With offices in NYC and throughout New York State, we are ready to fight for the compensation you deserve. Contact us online or call us today to schedule your free evaluation. Every conversation is confidential and tailored to your situation. Let us be the legal team you can rely on for justice and recovery.

“My experience with this Law Firm has been great. They are always helpful and knowledgable in any matter and listening to all your concerns. My Paralegal Thomas, staff and all the Attorneys at the Firm always do a great job protecting your rights as a worker and making sure all your compensation benefits get justice and compensated. Thank you so very much. I am very happy with all the support from everyone. I will definitely refer this Law Firm to everyone I know and if I can give more than five stars I will definitely do it. You guys deserve more just than 5 stars.”

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National Safety Council Highlights Rising Workplace Hazards

Industrial worker wearing a hard hat, safety glasses, and protective clothing in a factory setting, emphasizing the importance of personal protective equipment (PPE) and workplace safety.

The National Safety Council (NSC) recently released a report that sheds light on the increasing hazards workers face in various industries, including those in New York. As workplace safety becomes a growing concern, it’s essential for workers to understand these hazards and their legal rights after suffering a work-related injury or illness.

If you’re injured on the job in New York, a workers’ compensation lawyer from Pasternack Tilker Ziegler Walsh Stanton & Romano LLP can help ensure you receive the benefits you’re entitled to under New York law.

Work accident statistics

The NSC report highlights several troubling trends in workplace safety. For instance, in 2022, workplace fatalities in the U.S. reached alarming levels, with over 5,000 workers losing their lives due to on-the-job accidents.

Specifically, in New York City, there were 83 fatal work injuries reported in 2022, according to the Bureau of Labor Statistics. Additionally, non-fatal injuries and illnesses have continued to rise, leading to significant economic and personal impacts on workers and their families.

In New York City alone, thousands of workers suffer from non-fatal injuries annually, which can result in long-term health issues, loss of income, and high medical expenses.

Common workplace hazards

Several common hazards contribute to the rising rates of workplace injuries and fatalities, including:

Slip and fall accidents: These accidents are among the most frequent causes of workplace injuries, often resulting from wet or uneven surfaces, poor lighting, and inadequate safety measures.
Machinery and equipment hazards: Workers in manufacturing and construction are particularly at risk from machinery and equipment. Improper maintenance, lack of training, and malfunctioning equipment can lead to severe and sometimes fatal injuries.
Hazardous substances: Exposure to toxic chemicals and materials can cause long-term health issues, including respiratory problems, skin conditions, and cancer.
Ergonomic hazards: Poor workstation design, repetitive motions, and improper lifting techniques contribute to musculoskeletal disorders, which are a leading cause of workplace injuries.
Workplace violence: Unfortunately, incidents of workplace violence, including assaults by coworkers or customers, are on the rise and pose a significant risk to employee safety.

The role of technology in enhancing workplace safety

The NSC report emphasizes the potential of technology to mitigate these hazards and improve workplace safety. Innovative solutions such as wearable devices, safety apps, and advanced machinery with built-in safety features are transforming how employers approach safety protocols.

These technologies can monitor workers’ environments in real time, provide instant alerts for hazardous conditions, and ensure that machinery operates safely and efficiently.

“At the heart of Work to Zero’s mission is preventing worker injuries and ultimately saving lives,” said Katherine Mendoza, senior director of workplace programs at NSC, per the recent report. “Since the initiative began, what we have found is that there are numerous technology solutions available to employers to help mitigate risks and keep workers safe. However, workplace hazards are constantly evolving as job demands change, which is why it’s critical to regularly assess industry risks to better understand trends and find the right solutions.”

Injured workers have legal rights

Workers injured on the job in New York are often entitled to workers’ compensation benefits, which can cover the cost of medical expenses, lost wages, and rehabilitation costs. However, navigating the claims process can be challenging without the help of a lawyer.

At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we have extensive experience representing workers who have been injured on the job. Our highly skilled attorneys understand the nuances of workers’ compensation law in New York and are dedicated to ensuring you receive the benefits you deserve.

We also offer legal representation on a contingency fee basis, which means there are no upfront or out-of-pocket costs, and you pay nothing unless we win your case. If you or a loved one has suffered a work-related injury in New York, our law firm is here to help. Contact us today for a free evaluation to discuss your case and explore your potential options for obtaining the compensation you deserve.

“The firm treated me with respect and dignity and handled all my workers’ comp issues with ease. I highly recommend them.” – Former client.

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Study: Work-Related Injuries Spike with Rising Temperatures

A construction worker with a beard is sitting on a metal staircase, wearing a high-visibility yellow safety vest over a white shirt. He appears to be tired or in discomfort, with a pained expression on his face. His left hand is placed on his knee, and his right hand is resting on a white safety helmet.

As outdoor temperatures rise, more workers throughout New York may find themselves in the hot sun and sweltering humidity. Heat-related injuries and illnesses from rising temperatures can have serious and sometimes devastating impacts on workers and, oftentimes, lead to workers’ compensation claims.

How common are work-related injuries due to rising temperatures?

Researchers analyzed workers’ compensation claims and weather data from 2016 to 2021 across 24 states. They discovered that on days when the high temperature ranged from 85 to 90°F, the chance of a work-related injury was approximately 4.3% higher than on days with temperatures between 65 and 70°F.

The probability of injuries rose to 5.3% when daily highs reached 90 to 95°F. Additionally, the probability reached around 6% when temperatures exceeded 95°F.

According to WCRI President and CEO Ramona Tanabe, the impact of excessive heat is particularly significant on traumatic injuries, such as fractures, dislocations, contusions, and lacerations.

In the construction sector, the risk of injury was 14% higher when daily temperatures were 90 to 95°F, compared to 65 to 70°F. This likelihood increased to 20% when temperatures reached 95 to 100°F.

Workers in the South were more prone to injuries in higher temperatures, while the Northeast saw an 8% increase in injuries when temperatures were 90 to 100°F, compared to 65 to 70°F.

What are common injuries at work from rising temperatures?

Working in high temperatures can lead to serious health issues, including:

Heat-related illnesses such as heat exhaustion, heat stroke, and dehydration.
Burns from prolonged exposure to the sun or contact with hot surfaces.
Traumatic injuries linked to reduced concentration, fatigue, or passing out (e.g., fractures, soft tissue injuries, and lacerations).
Muscle cramps due to loss of electrolytes through sweating.
Heat rash due to blocked sweat ducts.

How can heat-related work injuries be prevented?

Preventing heat-related work injuries involves implementing several safety measures and practices. Here are some effective strategies:

Hydration: Ensure workers have access to plenty of water and encourage them to drink regularly, even if they are not thirsty. Electrolyte-replenishing drinks should also be provided to help replace salts lost through sweating.
Work schedule adjustments: Schedule strenuous tasks for cooler parts of the day, such as early morning or late afternoon. Implement more frequent breaks in shaded or cool areas.
Protective clothing and gear: Encourage workers to wear lightweight, light-colored, loose-fitting clothing to help reflect heat and allow sweat to evaporate.
Engineering controls: To reduce heat in indoor work environments, use fans, ventilation systems, or air conditioning. Also, shaded areas or canopies should be provided for outdoor work sites.
Emergency preparedness: Have a clear plan in place for responding to heat-related illnesses, including immediate first aid and access to medical services.

What should I do if I sustain a heat-related injury on the job in New York?

If you suffered a heat-related injury or illness while on the job, you may be experiencing serious symptoms and are unable to work. However, you have the right to pursue workers’ compensation benefits in New York. However, the process can be complicated and requires you to act fast.

For example, you’ll need to promptly notify your employer about your heat-related injury or illness, get medical attention, and inform your doctor that your condition is linked to your job. You’ll also need to fill out Form C-3 fully and accurately.

If you’re not sure where to turn, you’ve come to the right place. For over 90 years, Pasternack Tilker Ziegler Walsh Stanton & Romano LLP has aggressively protected the rights of hard-working New Yorkers injured on the job. Our experienced attorneys help injured workers file claims, choose the right doctors, and obtain the compensation they deserve.

Contact us for a free, no-obligation consultation. Our workers’ compensation lawyers are ready to help you understand your rights and fight for your best interests.

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New York Increases Maximum Weekly Workers’ Comp Benefit

Rising wages lead to rising benefits for injured workers

Last month, the New York Workers’ Compensation Board announced an increase in the maximum weekly benefit rate for workers’ compensation claims, effective July 1, 2024. The new weekly maximum will be $1,171.46.

This change will not affect current claims, but it will increase the maximum benefit for workers who are injured between July 1 of this year and June 30 of next year. This is a welcome increase for injured workers in light of the ever-increasing cost of living in New York and throughout the nation.

How the maximum weekly benefit is calculated

The New York workers’ compensation statute establishes a formula to calculate the maximum weekly benefit. The maximum is set as two-thirds of the state average weekly wage (SAWW) for the previous year, as determined by the New York State Department of Labor.

For 2023, the Department of Labor determined that the state average weekly wage was $1,757.19. Two-thirds of that number is $1,171.46.

How weekly benefits are calculated for injured workers

Workers’ compensation benefits for time lost due to a work injury (temporary total disability) are calculated based on the injured worker’s own average weekly wage (AWW). Usually, your AWW is based on your cumulative earnings for the previous 12 months, including bonuses, overtime, and other compensation for your job. However, there are various scenarios that can affect the AWW, including:

If you have only worked at the job for a short time, your employer should provide the wage information of a similarly situated worker (someone with the same or similar job title and salary who works at the same or an adjacent location).
If there is no similarly situated worker (for instance, if you are in a newly created position), then your employer should provide whatever salary information they can for the Workers’ Compensation Board to make a determination.
If you work for more than one employer (dual or concurrent employment), you may be allowed to add your wages together to calculate your AWW.
If you are under age 25, you may be entitled to wage expectancy consideration as your AWW is calculated.

The weekly benefit is two-thirds of your AWW, subject to the statewide maximum. What this means, in effect, is that if your AWW is less than the statewide average, you get two-thirds of your average weekly wage, and if your AWW is greater than or equal to the statewide average, you get the maximum benefit.

If your AWW is disputed, we will protect your rights

In short, while “two-thirds of your average weekly wage” might seem simple, the way workers’ compensation benefits are calculated can be surprisingly complex, and the weekly benefit is, of course, just one aspect of your claim. If your workers’ compensation claim is denied or disputed, our attorneys can put their extensive experience to work for you. Contact us online or give us a call today for a free consultation with Pasternack Tilker Ziegler Walsh Stanton & Romano LLP.

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Workers’ Memorial Day To Be Observed On April 28

While Memorial Day in May is widely recognized, there’s another important commemoration that often goes unnoticed: Workers’ Memorial Day. Observed in April, this day serves as a poignant reminder of the workers who have lost their lives to work-related injuries or illnesses.

According to the Centers for Disease Control and Prevention (CDC), Workers’ Memorial Day honors those who have tragically died on the job and “encourages us to think of ways in which we all can help to achieve the goal of safer and healthier workplaces.”

Our New York workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP explain the significance of this annual event and the importance of seeking legal help if you were injured while on the job.

If you’ve suffered a work-related injury or illness, you may be entitled to compensation for your losses. Seeking guidance from an experienced work injury lawyer can help you navigate the legal process and pursue the full extent of compensation you deserve.

What is Workers’ Memorial Day?

In 1970, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) created Workers’ Memorial Day. At that time, an estimated 38 people each day died as a result of work-related illnesses or accidents, according to a U.S. Department of Labor. That’s more than 13,870 work-related fatalities each year, on average.

Have work-related fatalities gone down since 1970?

The good news is that workplace deaths have decreased nationwide since 1970. In 2022, a total of 5,486 people died in work-related accidents, according to the most recent workplace fatality data compiled by the U.S. Bureau of Labor Statistics (BLS).

However, compared to more recent years, that figure is worse. For example, the year before, 5,190 people died in work-related accidents in 2021. The year before that, there were only 4,764 workplace fatalities nationwide, according to BLS data.

What are the most common causes of workplace fatalities?

Based on workplace accident data compiled by the BLS and the Census of Fatal Occupational Injuries (CFOI), some of the most common causes of workplace fatalities continue to include:

Work-related transportation accidents, which account for more than 2,100 workplace fatalities each year, on average.
Slip, trip and fall accidents, which account for more than 800 workplace deaths per year.
Exposure to harmful substances, which result in more than 800 deaths per year.
Being struck by an object or equipment at work, which accounts for more than 700 annual deaths.
Violence at work, which results in more than 800 deaths per year, on average.

“While significant progress has occurred since the passage of the Occupational Safety and Health Act (in 1970), much more remains to be made,” the CDC said in a recent announcement about the annual Workers’ Memorial Day event.

Protecting the rights of injured workers in NY for over 90 years.

Dealing with a serious work-related injury or illness in New York can be complicated. In most cases, you should be eligible to receive workers’ workers’ compensation benefits if you get sick or hurt at work. However, obtaining the benefits you rightfully deserve can often be much more difficult than you might expect.

Our New York City workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP can help you every step of the way. Our highly skilled legal team has decades of experience handling complicated workers’ compensation claims throughout New York and has recovered over $1 billion in awards and settlements for our clients.

Get the law firm that gets results for injured New Yorkers. Contact us and schedule an appointment with a workers’ compensation lawyer who will put your best interests first. We have 12 offices conveniently located in New York, including five offices in New York City.

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What Workers’ Comp Benefits Can You Receive for a Traumatic Brain Injury?

MRI of the brain.

In workplace accidents, a traumatic brain injury (TBI) can occur due to sudden external forces. These forces may manifest in two primary forms:

Closed TBIs. These injuries result from a blow, jolt, or shaking to the head.
Penetrating TBIs. These occur when an object or skull fragment enters the brain.

TBIs vary in severity from mild (concussions) to moderate and severe, with both physical and psychological effects.

If you’ve experienced a workplace head injury, it’s crucial to understand your legal rights, explore your potential options for compensation, and take the necessary steps to file a successful workers’ compensation claim.

Seeking prompt medical attention and legal advice is essential to ensure your well-being and protect your legal rights.

What is the financial impact of a traumatic brain injury?

The National Safety Council reports that head injuries, on average, account for the most costly long-term workers’ compensation claims. This includes:

Medical costs: an average of $60,722
Indemnity costs: an average of $33,563
Total costs: an average of $94,295

It’s important to note that these figures represent averages, and the actual financial impact can vary depending on the severity of the injury and other factors.

Again, if you or a loved one has suffered a traumatic brain injury in a work accident, it’s crucial to seek legal advice right away.

An attorney can help you understand your rights, navigate the workers’ compensation process, and pursue the compensation you deserve for your injuries and related expenses. Contacting a work accident lawyer experienced in handling brain injury cases can make a meaningful difference in the outcome of your case.

How prevalent are workplace head injuries?

According to the Bureau of Labor Statistics, head injuries made up 5.8% of all nonfatal work injuries in 2020.

Certain industries are more prone to workplace head injuries due to the nature of their work.

For example, the Centers for Disease Control and Prevention reports that 2,210 construction workers died from TBIs on the job. This accounted for 2.6 injuries per 100,000 full-time equivalent workers and 25% of all construction deaths.

These injuries often occur due to slip and falls, accidents with heavy machinery, or being struck by falling objects.

Common head injuries sustained in work accidents

In the workplace, accidents can result in various injuries to the head and brain. Some of the most common work-related head and brain injuries include:

Concussion and post-concussion syndrome
Head contusions
Skull fractures (depressed or compound)
Coup-contrecoup (multi-side contusions)
Intracranial hemorrhage (bleeding within the skull)
Diffuse axonal injury (damage to nerve fibers in the brain)
Penetrating head injuries (such as injuries from falling objects or sharp tools)
Anoxic Brain Injuries (oxygen deprivation)
Recurrent traumatic brain injuries (second impact syndrome)

These injuries can have significant implications for workers’ health and well-being, often requiring prompt medical attention and rehabilitation.

What are the symptoms of a work-related brain injury?

Following head injuries in work accidents, individuals may experience long-lasting consequences, such as:

Memory loss and other memory problems
Headaches and migraines
Dizziness
Fatigue
Seizures
Impaired concentration and cognitive function
Sensory disturbances (such as vision or hearing problems)
Mood swings and emotional instability
Difficulty sleeping or insomnia
Chronic pain, especially in the head or neck region

These long-lasting consequences can significantly impact a worker’s quality of life and ability to perform their job duties. Seeking appropriate medical care and support is crucial for managing these symptoms and facilitating recovery.

Does workers’ compensation pay for a work-related traumatic brain injury?

Workers’ compensation covers all reasonable and necessary medical treatment for a TBI if the injury occurred during work-related activities. This includes compensation for current and future medical visits, physical therapy, medical equipment, diagnostic tests, and necessary modifications to your home.

If you’re suffering from a work-related TBI, you may also qualify for:

Temporary total disability benefits if you’re completely unable to work.
Temporary partial disability benefits if you’re still working but earning less due to your injury.

Additionally, workers’ compensation may provide financial support for vocational rehabilitation services, such as job retraining or job placement assistance, to help you return to work or transition to a different role that accommodates your injury.

It’s essential to consult with an experienced workers’ compensation attorney to ensure you receive the full benefits you’re entitled to under the law. An attorney can advocate on your behalf, navigate the complex workers’ compensation system, and help you pursue the maximum compensation available for your work-related traumatic brain injury.

How do I file a workers’ compensation claim for a traumatic brain injury?

Filing a workers’ compensation claim for a head injury in the workplace can be overwhelming, but it’s required to secure the necessary benefits. To file a workers’ compensation claim in New York, follow these steps:

Report the injury: Inform your employer about the injury promptly. New York law mandates reporting within 30 days to qualify for benefits from the injury date. Include specific details such as the time, date, and location of the workplace accident that caused your head injury.
Seek medical attention: Get medical care immediately and inform your doctor that your head injury is work-related. This helps keep medical records consistent with your claim. Initially, you may need to consult a medical provider approved by your employer.
Initiate the claim process: You must fill out and submit Form C-3 to the New York Workers’ Compensation Board within two years to initiate your workers’ compensation claim. Your employer should report the injury to the board within 10 days of being notified.

Our New York workers’ compensation lawyers can fight for the best possible outcome for your claim

Any error in filing your workers’ compensation claim can result in your benefits getting delayed or denied. That’s why you need an experienced lawyer on your side who can ensure your claim is properly filed and all necessary documents are prepared for trial.

The legal team at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP has over 90 years of combined experience helping injured workers in New York get the compensation they deserve. Our attorneys have a deep understanding of New York workers’ compensation laws and regulations, allowing us to navigate the challenges of your case confidently.

We’ll work with you every step of the way to ensure that you’re treated fairly and advocate for maximum compensation. From gathering evidence and negotiating with insurance companies to representing you in hearings or trials, we’ll provide comprehensive legal support tailored to your unique needs.

To learn more about how we can help you, contact us online or call one of our New York law offices for a free consultation. Don’t wait – let us fight for your rights and help you secure the benefits you’re entitled to under the law.

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