Blog August 2018


Posted On: July 12, 2019
Posted On: June 28, 2019
Posted On: June 10, 2019
Posted On: May 20, 2019
Posted On: May 01, 2019


Via Email:    

Who is covered by New York State workers’ compensation?

Posted On: August 29, 2018

Who is and is not covered by New York State workers’ compensation?


The following workers are covered by New York State workers’ compensation law:

            -Workers in for-profit businesses

            -State, county and municipal employees

            -Some employees of non-profit businesses

            -Domestic workers employed 40 or more hours per week by a single employer

            -Anyone voluntarily covered by his or her employer


The following workers are not necessarily covered by New York State workers’ compensation law:

            -Federal employees, who are covered by federal workers’ compensation law

            -New York City public employees (e.g. uniformed police officers, uniformed sanitation workers, teachers), who are covered by a separate system

            -Volunteers at non-profit organizations

            -Clergy and other religious workers not voluntarily covered by their employers

            -Sole proprietors of businesses without employees (if they have opted not to cover themselves)

            -Certain private contractors

            -Certain foreign government employees


If you have any questions on whether or not you are covered by New York State workers’ compensation law, you may contact our offices for a free consultation.


Feel free to contact the law offices of Gilbert, Blaszcyk & Milburn for a free consultation on your possible claim.




Infectious Disease at work

Posted On: August 15, 2018

Infectious Disease 

Certain professionals, such as doctors, nurses, laboratory workers, maintenance, sanitation and refuse workers, and wildlife workers, are at risk for contracting infectious diseases while at work. Healthcare workers—who may work in diverse settings such as hospitals, dental offices, and emergency response situations—are particularly vulnerable to occupational exposure to infectious disease. Even when employers and employees take proper safety precautions, unforeseeable accidents can occur that cause infectious disease. 

Examples of infectious diseases that can be protracted while on the job include: MRSA; HIV/AIDS; Tuberculosis; Hepatitis; Whooping Cough; Influenza; Rabies (and other zoonoses, diseases spread by animals). 

Employees who contract infectious diseases on the job are eligible for workers’ compensation. As with an injury, an employee that has contracted an infectious disease on the job should immediately inform his/her employer and seek medical attention. 

The Occupational Safety and Health Administration (OSHA) identified three primary routes for infectious disease transmission in workplaces:

  • Contact (direct or indirect) transmission can occur through skin-to-skin contact between an employee and patient. Indirect contact transmission can occur when an employee makes contact with a contaminated item such as a needle or doorknob. Examples of contact transmissible infections include Methicillin-resistant Staphylococcus aureus(MRSA), also know as Staph Infection.
  • Droplet transmission occurs when an infected person coughs, sneezes, or otherwise expels droplets. These droplets can then come into direct contact with an employee by landing on their mucosal surfaces (e.g. eyes, nose, mouth). Examples of droplet transmissible infectious diseases include influenzas.
  • Airborne transmission occurs when small infectious particles are suspended in the air over an extended period of time. These particles, since they are small and suspended in the air, are capable of traveling over distances, and therefore do not require direct contact to spread. Examples of airborne transmissible diseases that are spread through inhalation are Mycobacterium tuberculosis,which causes tuberculosis (TB), and the rubella virus, which causes measles.[1] 

Feel free to contact the law offices of Gilbert, Blaszcyk & Milburn for a free consultation on your possible claim.