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Law

Workers Compensation Law

 

July 2017

 

Workers' compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job.

Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer's insurance carrier, as directed by the Workers' Compensation Board, a state agency that processes the claims.

 

If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and/or medical care, and the amounts payable.

 

The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer's fault. However, a worker loses his/her right to workers' compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.

 

A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related.

 

If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers' compensation law judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he or she may be eligible for disability benefits in the meantime.

 

Any payments made under the Disability Program, however, will be subtracted from future workers' compensation awards.

 

 Volunteer Firefighters and Volunteer Ambulance Workers are provided benefits for death or injuries suffered in the line of duty under the Volunteer Firefighters' Benefit Law and Volunteer Ambulance Workers' Benefit Law.

 

Who Is Covered?

Virtually all employers in New York State must provide workers' compensation coverage for their employees (WCL §2 and 3). Employers must cover the following workers for workers' compensation insurance:

WCL §3

Groups 1-14-a

 

WCL §3

Groups 15, 15-a y 17

 

WCL §3

Groups 20, 20 - a & 22

 

WCL §3

Group 16

 

CMT § 3

Group 12 ( Domestic Workers)

 

WCL §3

Group 14-b   (Farms)

 

WCL §3

Groups 1-14-a y 18

 

WCL §54 [6]

WCL §54 [6]

WCL §3

Groups 18 (Nonprofit Organizations).

 

Understanding the Claims Process

Immediately

The worker obtains the necessary medical treatment and notifies his/her supervisor about the accident and how it occurred.

The employee notifies the employer of the accident in writing, as soon as possible, but within 30 days.

 

Within 48 hours of the accident

The doctor completes a preliminary medical report on Form Doctor's Initial Report (C-4) and mails it to the appropriate District Office.

 

Within 10 days of notification of the accident

The employer reports the injury to the Board and the insurance company.

 

Failure to file a claim or give the employer notice may result in the loss of rights to compensation.

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Law Schools With

The Most Unemployed Graduates

March 26, 2017

The website, Law.com produced several helpful charts based on law school employment data for the class of 2016. Here we will highlight the most alarming chart of all, the law schools with the highest percentage of unemployed graduates.

 

Charlotte Law: 30.88%

 

Southwestern Law: 28.97%

 

Thomas Jefferson Law: 28.57%

 

Florida Coastal Law: 27.76%

 

Valparaiso Law: 24.38%

 

U. San Diego Law: 24.31%

 

Elon Law: 23.60%

 

LaVerne Law: 23.53%

 

Chapman Law: 23.42%

 

U. Pacific McGeorge Law: 22.86%

China Set To Ban Sale Of Dog Meat At Controversial Yulin Festival

March 19, 2017

The temporary ban is set to come into force on June 15 - one week before the festival begins - and will apply to street vendors, restaurants and market traders.

Fines of up to 100,000 yuan will be imposed for violations, and those caught selling dog meat could be arrested. The BBC also reports that “some vendors” told the outlet they hadn’t heard of a ban.

 

 

“The contacts in China of HSI and Duo Duo Project have spoken directly with a number of traders, all of whom confirm the ban, and that traders were told to attend a meeting at which the ban was explained.”

 

So, what would be the point of a ban if officials won’t confirm it?

 

Li said the likely goal is to prevent activists and journalists from taking gruesome-looking photos of canine carcasses.

“What the authorities are trying to accomplish is not a ban announcement, but the disappearance of slaughtered dog bodies,” he said. Photographic and video evidence taken at traders and stalls in Yulin show animals being carved up while still alive, with some killed in front of other dogs and cats. Last year, a petition carrying 11 million signatures was handed to the Yulin government calling for an end to the festival, while an online petition in 2015 attracted more than 4.6m names.

 

Late Star Wars actress Carrie Fisher and comedian Ricky Gervais are among the celebrities to back the outcry.

Wikileaks Says It

Has Exposed The CIA's Hacking Operations

March 09, 2017

WikiLeaks, known for its high-profile releases of confidential government information, has published a trove of documents it says exposes the U.S. Central Intelligence Agency's hacking operations.

 

In a statement, the CIA declined to comment on the authenticity of the documents, which they described as "purported."

 

Security experts, however, are concerned, with one expert saying that it is a possible sign that the spy agency has "lost control" over its cyber arsenal.

 

WikiLeaks says the documents have details about the size and scope of the CIA's hacking capabilities. The agency's hacking division had more than 5,000 users and produced more than a thousand trojans, viruses and "weaponized" malware, WikiLeaks said in a statement on its website.

 

The officials spoke on the condition of anonymity to discuss an ongoing investigation into classified information. The C.I.A. has refused to explicitly confirm the authenticity of the documents, but it all but said they were genuine Wednesday when it took the unusual step of putting out a statement to defend its work and chastise WikiLeaks.

 

The leak was perhaps most awkward for the White House, which found itself criticizing WikiLeaks less than six months after the group published embarrassing emails from John D. Podesta, the campaign chairman for Hillary Clinton, prompting President Trump to declare at the time, “I love WikiLeaks.” Sean Spicer, the White House spokesman, said the release of documents “should be something that everybody is outraged about in this country.”

 

A number of cybersecurity experts and hackers expressed skepticism at the level of technical wizardry that WikiLeaks claimed to uncover, and pointed out that much of what was described in the documents was aimed at older devices that have known security flaws. One document, for instance, discussed ways to quickly copy 3.5-inch floppy disks, a storage device so out of date that few people younger than 35 have probably used one.

 

WikiLeaks is, for now, withholding details on the specific hacks used "until a consensus emerges" on the nature of the CIA's program and how the methods should be "analyzed, disarmed and published." But WikiLeaks — a nonprofit that routinely publishes confidential documents, frequently from government sources — claims that the data and documents it obtained reveal a broad program to bypass security measures on everyday products.

 

The WikiLeaks release included 7,818 web pages with 943 attachments. Many were partly redacted by the group, which said it wanted to to avoid disclosing the code for the tools.

Can Immigrants Be Deported Without

A Court Hearing?

March 09, 2017

The visa waiver program allows citizens of certain countries to enter the United States for tourism or business and stay for as long as 90 days. But remaining beyond that time limit can carry serious consequences.

 

"You don't get the right to a hearing," said Bryan Cox, a spokesman for Immigration and Customs Enforcement. That means if you overstay and are apprehended, there's no guarantee you'll get to make your case in court before authorities deport you. But Cox said you could still end up in front of a judge if you're seeking asylum or some other sort of protected status.

 

In recent years, immigration authorities have increasingly fast-tracked their efforts to kick certain people out of the United States without court hearings in a process known as "expedited removal."

Women's March Organizers Announce Date For General Strike

February 16, 2017

The group did not immediately return a request for additional information on the strike, but the social media post said more details would be forthcoming. "In the spirit of women and their allies coming together for love and liberation, we offer 'A Day Without A Woman,'" the organizers said in an Instagram post. The Women's March on Washington, which took place the day after President Donald Trump's inauguration, drew the participation of more than a million people in cities across the United States. Since the , the organizers have rolled out a series of "10 actions for the First 100 Days" to channel that grassroots support into further actions to effect social change.

 

The date is set on March 8, which happens to land on International Women's Day.

© Copyright 2013 to The Bilingual News | All Rights Reserved   |   Designed & Developed by The Bilingual News

 

E-mail: bilingualnews@gmail.com    •    1-800-256-8161

© Copyright 2017 to The Bilingual News | All Rights Reserved   |   Designed & Developed by The Bilingual News

 

E-mail: bilingualnews@gmail.com    •    1-800-256-8161