Brian Clymer, Attorney at LawBrian Clymer, Attorney at Law2024-02-26T14:42:38Zhttps://www.brianclymer.com/feed/atom/WordPress/wp-content/uploads/sites/1303471/2021/09/cropped-AZ-fav-icon-32x32.pngOn Behalf of Brian Clymer, Attorney at Lawhttps://www.brianclymer.com/?p=478092024-02-21T14:45:02Z2024-02-26T14:42:38Zaccidents occur in the construction industry. These injuries affect workers' physical well-being and their livelihoods and families. The following are some of the most common.
Spinal cord injuries
Falling from heights causes many catastrophic injuries on construction sites. This can lead to severe spinal cord damage that comes with life-long problems. This type of injury can occur when workers fall from scaffolding or ladders or through unprotected openings. The severity of spinal injuries varies, ranging from complete paralysis to partial mobility loss, which significantly affects an individual's quality of life and ability to work.
Broken bones
Broken bones are another frequent occurrence in the construction industry. The busyness of construction sites, with moving machinery, tools, and materials, increases the risk of slips, trips, and falls, leading to fractures. Workers may also suffer broken bones through direct impacts from heavy equipment or during vehicle-related accidents on site. These injuries can range from simple fractures requiring minimal medical intervention to complex breaks that necessitate surgical repair and extensive rehabilitation.
Head injuries
Falling objects lead to significant head injuries for construction workers. Workers can suffer concussions, skull fractures, or severe brain injuries if struck by tools, materials, or debris. Wearing safety helmets can mitigate the risk, but the potential for serious injury remains, especially in areas where overhead work is being performed. Long-term cognitive and physical impacts may occur after these injuries.
Internal injuries
Crushing incidents on construction sites can lead to internal injuries, which are dangerous and life-threatening. These incidents often occur when a worker is pinned between heavy materials or caught in machinery. The pressure on the body can damage internal organs, leading to internal bleeding and other critical.
Construction workers who suffer injuries at work should get immediate medical care. Workers’ compensation coverage should cover those expenses, but they might need legal assistance to obtain their due benefits.]]>On Behalf of Brian Clymer, Attorney at Lawhttps://www.brianclymer.com/?p=478082024-02-21T14:41:22Z2024-02-21T14:41:22Zpreventing injuries in the workplace.
Heavy and awkward lifting
One of the primary hazards in a warehouse setting is the risk of injury from lifting and handling goods. Repetitive strain injuries and musculoskeletal disorders can develop over time, affecting the back, shoulders and knees. Improper lifting techniques, overexertion or the continuous handling of heavy objects contribute to these injuries. Slips, trips, and falls represent a significant risk caused by wet floors, uneven surfaces or obstacles left in walkways.
Machinery and equipment accidents
Using forklifts, pallet jacks and conveyor belts is commonplace in warehouses, streamlining processes. Accidents involving machinery can result from inadequate training, operator error and mechanical failures. Collisions with pedestrians, falling loads or tip-overs can lead to serious injuries or fatalities.
Exposure to hazardous materials
Many warehouses store chemicals and other hazardous materials, which exposes workers to potential health risks. Contact with corrosive substances, which can occur during spills, is problematic because it can injure the skin. Chemical burns are a primary issue when skin comes in contact with these chemicals. Lung injuries from inhaling chemicals are also an issue.
Fire and electrical hazards
Warehouses are prone to fire and electrical hazards. Improper storage of flammable materials, faulty wiring and overloaded electrical circuits can lead to fires, which puts workers' lives at risk. Exposed electrical components can lead to shocks that cause catastrophic situations. Electrocutions are fatal.
Warehouse workers who suffer from any type of injury need to receive urgent medical care. This can be costly, but workers’ compensation should cover those expenses. Sometimes, injured workers need to appeal unfavorable workers’ compensation decisions. This can be a complex undertaking, so it may behoove them to work with a legal representative who’s familiar with these matters.]]>On Behalf of Brian Clymer, Attorney at Lawhttps://www.brianclymer.com/?p=478072024-01-23T14:44:16Z2024-01-29T14:42:48ZMedical records
The records of someone's treatment and details about their ongoing or worsening symptoms can strengthen their claim that they cannot work at all. Given that people often wait many months for an SSDI appeal, they may have numerous medical appointments between when they initially apply and when they present evidence to a judge.
Particularly if the rejection of a claim resulted from inadequate evidence submitted with the initial application, gathering medical records can help during a hearing. The records of their care while they are waiting for an appeal could serve as key evidence in their case.
Witness testimony
Numerous parties can potentially provide evidence to the courts about someone's medical condition. For example, healthcare professionals can talk about the treatment that someone requires or the symptoms they have exhibited during appointments.
Neighbors and former co-workers can talk about how the symptoms of someone's condition have impacted their daily life. In cases involving unusual medical conditions or an unusually severe presentation of a usually mild or moderate condition, medical experts could help explain to the courts how the applicant's case is different from the standard case involving that same diagnosis.
Individuals who have received a rejection notice from the SSA when they applied and did not receive benefits during the reconsideration stage of an appeal can partner with a lawyer to prepare carefully for their hearing. Gathering and presenting the right evidence could make all the difference for someone currently unable to work because of their health challenges.]]>On Behalf of Brian Clymer, Attorney at Lawhttps://www.brianclymer.com/?p=478062024-01-23T14:31:39Z2024-01-23T14:31:39ZBenefits may continue in some cases
An employee's return to work does not necessarily mean that they immediately resume earning what they did before their injury or diagnosis. In some cases, they may go back to a lower-paying position when they are able to do so. They might then still qualify for partial disability benefits.
Their medical coverage might potentially continue as well. If they still have symptoms that require management or are still in the middle of treatment, workers' compensation may continue to pay for their expenses. Even if someone has permanent symptoms that may require occasional treatment or pain management for the rest of their working life, they might qualify for ongoing health benefits through workers' compensation.
While the worker must disclose a return to work to adjust their benefits, they can continue receiving support through the same claim. The employee receiving benefits typically needs to know their rights and communicate effectively with both the doctor providing their care and their employer to maximize the benefits and support they receive.
Realizing that benefits can continue even when someone can return to work may help those worried about the impact that their health condition has had on their finances and their career.]]>On Behalf of Brian Clymer, Attorney at Lawhttps://www.brianclymer.com/?p=478052023-12-16T17:10:28Z2023-12-16T17:10:28ZThe cancer must relate to someone's job
Most employees with a job-acquired medical condition can potentially qualify for benefits if they can show that their health conditions came from their jobs. Establishing that connection is much easier in some cases than in others. It is theoretically possible to get workers' compensation benefits for cancer provided that someone can show that their job is the cause of their cancer.
It can be difficult to prove why someone developed cancer, but there are certain well-known carcinogens that could cause cancer in exposed workers. Still, sometimes there is a clear connection between the kind of cancer someone has and an element of their job. For example, individuals diagnosed with lung cancer who have handled dangerous products, like asbestos, at work could potentially establish that their cancer was a result of their exposure during employment.
With the right research, it may be possible to receive both disability benefits and medical coverage when someone's job is what led to them developing cancer. Often, those with cancer may require leave from work not because of the symptoms of their cancer but rather because of how debilitating the side effects of chemotherapy and radiation often are. In cases where people die because of a job-related cancer diagnosis, sometimes their surviving family members could potentially qualify for certain types of benefits as well.
Learning more about workers' compensation benefits may help people determine whether they may be eligible. Seeking legal guidance is a good place to start.]]>On Behalf of Brian Clymer, Attorney at Lawhttps://www.brianclymer.com/?p=478042023-12-16T16:02:42Z2023-12-16T16:02:42ZYes, workers can receive both benefits
Contrary to what many people might believe, it is possible to utilize more than one benefit program at a time, so long as someone is fully transparent about doing so and meets certain standards. If someone's health challenges stem from their employment and prevent them from working at all, then they may qualify for both workers' compensation and SSDI benefits.
Typically, disabled workers can only receive a portion of the standard SSDI benefits available. The combination of the two benefits can, at most, provide someone with 80% of their average weekly wage prior to their disabling medical condition. It is not possible for someone to recover the entirety of their lost wages through workers' compensation and SSDI benefits. Still, the combination of the two will provide more income and support than either alone in many cases.
If someone returns to work or receives certain other benefits, like private disability insurance, that can affect their eligibility for SSDI benefits and their workers’ comp will likely cease as well.
People may need to review their circumstances carefully to determine the best options for supporting themselves. Obtaining the right benefits can minimize the negative impact of a job-acquired medical condition with permanent consequences.]]>On Behalf of Brian Clymer, Attorney at Lawhttps://www.brianclymer.com/?p=478022023-11-14T20:38:20Z2023-11-19T20:37:29ZFatal Four in the construction industry; falls are the main reason for fatal accidents in that industry every year. This is especially notable because construction experiences more fatal accidents annually than any other industry in the U.S. as a whole.
Nevertheless, there are many workers who cannot avoid working at heights. Maybe they have to climb ladders to work on roofs, paint houses, install windows, run electrical lines and much more. What can these workers do to stay safe and prevent themselves from being injured on the job?
Key ladder safety tips
Nothing guarantees that a fall won’t happen, and it can even happen to a worker who is focused on safety. But these tips can lower the odds of a fall, so keep them in mind when working on ladders:
Always inspect the ladder and the way that it was set up before using it, especially if someone else initially set it up.
Never have two people work on the same ladder at the same time, especially when they are climbing opposing sides.
Do not lean to the side while still on the ladder, and do not try to move the ladder by rocking it or “walking” it without climbing down first.
Pay attention to the weight limits, especially when transporting materials or heavy equipment up the ladder.
Always maintain three points of contact when climbing, meaning that only one hand or one foot moves at a time.
Do not use ladders if weather conditions do not permit, such as when it is too windy, rainy or snowy.
Always use the right kind of ladder for the job – i.e., do not try to use a stepladder for a task that actually requires an extension ladder.
Finally, workers need to be careful when moving and transporting ladders, which can be very heavy. Lifting and carrying them can sometimes lead to strains, back injuries, spinal cord injuries and other physical challenges.
What happens after an injury?
Sometimes, despite an individual’s best efforts, they may get injured. Those who have been hurt due to job-related circumstances need to be aware of their options so that they can seek proper workers’ comp benefits.]]>On Behalf of Brian Clymer, Attorney at Lawhttps://www.brianclymer.com/?p=478002023-11-14T19:28:46Z2023-11-14T19:28:46Za few things you need to report to the SSA if they occur.
Your condition improves
First of all, your medical condition could get better. Perhaps your body is naturally healing, or maybe you’re working with medical professionals for rehabilitation and other treatment processes. If your condition improves so that you need to be reevaluated for your eligibility for benefits, you need to let the SSA know that things have changed.
You are able to work
Next, if you are suddenly able to start earning income, you need to let the SSA know that it may be possible for you to seek gainful employment once again. Perhaps there has been a change to your condition that may allow you to return to work, or maybe there have been changes in the industry that make work possible in a way that it wasn’t before.
You go back to work
Finally, you absolutely need to tell the SSA if you do return to work. This isn’t just a hypothetical situation where you may be able to, but you are actively employed. You cannot simply start collecting paychecks and disability benefits checks at the same time or you could run into legal and financial trouble.
As you can see, this can be a somewhat complicated situation. Always be sure that you understand your legal options and the steps that you’ll need to take as a benefits recipient. Seeking legal guidance is always an option.]]>On Behalf of Brian Clymer, Attorney at Lawhttps://www.brianclymer.com/?p=477992023-10-17T01:58:50Z2023-10-22T01:56:45ZWhen they return to work
Qualifying for SSDI benefits generally requires medical evidence that someone has a condition that completely prevents them from working. There will be careful scrutiny of their application and medical records to ensure their condition is sufficiently severe to qualify. Even major medical issues may improve with treatment or rest. Someone who improves to a point where they can pursue gainful employment again will likely lose their benefits. Of course, a well-paid job will offer far more financial support for an individual and their loved ones than an SSDI check would, so many people are happy to see their benefits end when their condition improves enough for them to resume working.
When they reach retirement age
Disability benefits are only available to someone who would work if they weren't dealing with a major health challenge. Those who are past the age of retirement may not be able to continue receiving SSDI benefits. The SSA oversees both SSDI benefits and other disability benefits for those who cannot work and retirement benefits for those who have ceased to work. When someone reaches the age of retirement, which is currently 65 years of age, he will no longer be eligible for SSDI benefits. However, they will be able to start receiving Social Security retirement benefits. There are a few other scenarios, including when someone's disability directly relates to a substance abuse disorder, that may trigger an earlier cessation of benefits.
Understanding how long one can count on receiving SSDI benefits could make it easier for people to plan for their financial futures after developing a disabling medical condition.]]>On Behalf of Brian Clymer, Attorney at Lawhttps://www.brianclymer.com/?p=477972023-10-17T01:42:47Z2023-10-17T01:42:47ZThere is a sliding scale for worker credits
The rules for SSDI benefits include special provisions for people in unusual circumstances. The Social Security Administration (SSA) imposes slightly different rules for workers depending on their age at the time that they apply for benefits.
The 40-credit rule for qualifying for benefits applies to anyone who is age 31 or older. However, younger workers can qualify for SSDI benefits with fewer credits. Those between the ages of 24 and 31 need to have credit for working roughly half of the time since they reached age 21. Those who are under the age of 24 can qualify with just six credits earned within the three years before they apply for benefits.
A worker will receive one credit for every $1,640 they earn through their employment. The SSA only allows someone to accrue four credits at most each year. Even young workers in unskilled professions, like retail jobs, can potentially have sufficient credits for SSDI benefits when they find themselves unable to work for at least 12 months because of a debilitating medical condition.
Learning more about the rules for SSDI may help people feel more confident about applying when they cannot work regardless of their age at the time that they need benefits.]]>