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Understanding ERISA New York Retirement Issues

If you are planning to retire or are currently in the process of claiming retirement benefits, there are a few common retirement issues that you should understand. 

The Employment Retirement Income Security Act (ERISA) was passed in 1974 to secure certain rights to retiring workers of private companies, but employers sometimes make it difficult to understand retirement plans. It must be noted, however, that retirement plans provided by the government or religious institutions don’t fall under the protections of ERISA, which only applies to private, for-profit companies. 

If your company offers a retirement plan, then they are legally obligated to provide their workers with clear information and resources about how to access and claim benefits. If your company is impeding your retirement by not providing clear instructions on how to navigate their retirement plan, they are violating ERISA. An attorney can help you fight your employer and earn the benefits that you are entitled to. 

A skilled attorney can: 

  • Help you access and understand your retirement plan
  • Protect you, your funds, and your ability to access your retirement money
  • Set the precedent that workers will not tolerate a company standing in the way of their retirement benefits, ensuring that future workers will not have to endure the same difficult process

Additionally, under ERISA, companies are obligated to:

  • Provide workers with necessary benefits calculators and information
  • Give participants the ability to sue for breach of benefits or fiduciary duty

An example of a breach of benefit under ERISA would be if your employer improperly denied to pay you the compensation guaranteed to you under their plan. A fiduciary is a person named in the company’s ERISA paperwork who has authority over the administration of the plan and the plan’s assets or gives investment advice regarding plan assets for direct or indirect compensation, according to ERISA Section 3(21). 

Contact a New York ERISA Lawyer

If you are already encountering some of these issues, don’t hesitate to reach out to an expert retirement issue attorney to help you navigate the complicated legal process. The professionals at Hach & Rose, LLP have over 100 combined years of experience fighting retirement-related cases and can help you win the benefits you are entitled to. Call our office at (212) 779-0057 to discuss your legal options today. 

Workplace injuries caused by chemical exposure and toxins

As WWI was nearing its end, young women across America worked in factories and unknowingly exposed themselves to toxic chemicals each day. One group of such women, who later became known as the Radium Girls, exposed themselves to radiation poisoning by luminescent paint. 

As they decorated watch faces with this toxic paint, they inhaled it, got it on their bare skin, and even orally consumed it. As their bodies literally started glowing, and then quickly deteriorating as a result of the poisoning, they spearheaded the most iconic labor rights movement in American history. 

The right for workers to sue their companies for personal injury resulted from their plight, even as nearly every single one of them died from the exposure. 

If you are concerned that you are being exposed to toxic chemicals in your work environment, you are entitled to financial compensation. 

What are some modern workplace exposure risks?

These are the most common workplace chemicals you may be exposed to:

  • Aluminum
  • Asbestos
  • Benzene
  • Lead
  • Mercury
  • Petroleum
  • Pesticides
  • Silica
  • Acids

How does exposure happen?

As with the Radium Girls, inhalation is the most common manner of coming into contact and ingesting these chemicals. But the chemicals may also enter your body through other means, including: 

  • Accidental injection, such as when a sharp object carrying that chemical pierces your skin
  • Ingestion, if the chemical contaminates your food or drink, or doesn’t wash away when you wash your hands
  • Direct skin contact and entering into your bloodstream

Where would this happen?

This list isn’t exhaustive, but these are a few places where chemical contamination may be possible:

  • Hospitals
  • Construction sites
  • Laboratories
  • Demolition sites
  • Factories

If you have been exposed to toxic chemicals in your workplace, it is important that you reach out to a qualified injury attorney to discuss your legal rights and options. Contact the New York workplace injury attorneys of Hach & Rose, LLP at (212) 779-0057 to discuss how we could help you. 

How to Avoid Common Ergonomic and Repetitive Stress Injuries

According to the Occupational Safety and Health Administration (OSHA), adapting tasks, workstations, tools, and equipment to fit the employee can help reduce stress on the body and eliminate potentially harmful workplace musculoskeletal disorders (MSDs). Every year, MSDs account for more than $15 billion in workers’ compensation costs. It is up to the employer to ensure they are creating a safe office space. 

MSD problems can result from the following: repetitive movements, sitting in awkward positions or straining your neck because a screen isn’t correctly placed, and static postures with little breaks to stretch the muscles.

OSHA provided an eTool to educate on healthy ways to reduce ergonomic injuries in the office space. Some solutions are the following: 

  • Make sure the chair, keyboard, and monitor are in a straight line with your body;
  • Use an adjustable keyboard tray to position your keyboard and mouse at a comfortable height, placing the mouse and keyboard as close as possible to your body to avoid reaching;
  • Maintain a relaxed, neutral posture and sit up straight to provide firm back support;
  • Allow your arms to hang loosely at the shoulders;
  • Keep your elbows at a 90-degree angle while typing;
  • Adjust the chair’s height so that your feet are firmly on the ground.

Many people don’t realize how debilitating a repetitive motion injury can be until they suffer one. Workers can find it difficult or impossible to return to the job until they’ve healed, and some might find that they can never perform those functions the same way again. If you’ve developed a condition due to repetitive motions on the job, you could be entitled to claim workers’ compensation benefits from your employers’ insurance policy. Securing this compensation is not always simple or straightforward however.

Contact a New York Workers’ Compensation Attorney

If you’ve suffered a RSI while at work in New York, contact an experienced workers’ compensation lawyer at Hach & Rose, LLP for help. Schedule your free consultation by calling us at (212) 779-0057 or by reaching out online today.

Cortlandt, NY – Man Killed in Fatal Work Accident on Gallows Hill Road

Cortlandt, NY – Man Killed in Fatal Work Accident on Gallows Hill Road

Cortlandt, NY (May 4, 2019) – Authorities were called to the scene of a fatal work accident that took place when a man was electrocuted on Gallows Hill Road. According to police, the accident took place last Sunday. (more…)

Aurelius, NY – Three Workers Hospitalized Following Electrical Fire at Milk Plant

Irondequoit, NY – Car Accident with Injuries Reported on Empire Boulevard

Aurelius, NY (February 14, 2019) – Several emergency crews were dispatched to the scene of an electrical fire that broke out at a milk processing plant on Thursday morning, February 14. The incident ultimately injured three workers at the Cayuga Milk Ingredients plant in the town of Aurelius at around 10:20 a.m.


Roslyn, Long Island, NY – Worker’s Legs Severed in Serious Construction Accident

Freeport, NY – Two Workers Injured Following Fall from Ladder on Long Island

Roslyn, Long Island, NY (February 13, 2019) – A serious accident took place on Wednesday morning, February 13, that severed both legs of a construction worker. Both of the victims’ legs were reported to have been severed below the knees after he was struck by a large steel plate shortly after 8:00 a.m., according to police.


New Video FAQ – If I’m injured on a construction site and I file a lawsuit, should I fear for my job?

In a new video FAQ, attorney Michael Rose discusses your rights when it comes to reporting an injury or for filing a lawsuit over an injury that occurred while on the job. People are often concerned that their employer may choose to fire them for filing a lawsuit, but as attorney Rose points out, this should not be a concern. There are protections in place for injured workers in New York, and if you’ve been hurt in an accident, you have the right to take legal action without fear of retaliation from your employer.

If you or someone close to you has been hurt in a construction accident, you have the right to seek compensation from your employer’s workers’ comp policy. If they wrongly deny your claim or choose to offer you less than what you should be paid to cover your medical bills and other expenses, an experienced attorney may be able to help you secure the compensation that you need. Contact us at (212) 779-0057 today to find out how we can help you.


Information regarding Workers’ Compensation settlements added to Must-Know-Info

The attorneys at Hach & Rose, LLP, have compiled information regarding Workers’ Compensation settlements. The document contains descriptions of the Kelly Formula for our readers’ benefit.

New Video FAQ: How does New York’s Labor Law protect construction workers?

Watch our newest Video FAQ here! New York City labor lawyer Tim Staines discusses how the state’s labor laws protect construction workers. If you have been hurt in an accident on the job, contact us immediately. Don’t rely on an apathetic or inexperienced attorney, turn to the law firm that has experience, proven results, and is not afraid to fight with the major insurance companies on your behalf. Contact Hach & Rose, LLP today.

New York City wants to pay workers who are owed $3.7 million total

New York City Comptroller Scott Stringer is seeking over 1,000 workers that are owed $3.7 million in wages. The collection of workers was not adequately compensated for the work they performed when contractors failed to offer them the minimum wage for public projects over the last 10 years.

Each of the 1,056 workers is owed an average of $3,576 for the work they have performed over the years. The Comptroller’s office collected the money during litigation with several contracting companies. A total of 21 companies were banned from public projects within the city after it was discovered they were failing to pay employees.

The list of individuals that are owed money is currently on the official Comptroller website, as well as being posted on social media sites and around the city on paper fliers. The message is being played in eight different languages in order to quickly reach the workers.

You deserve to be paid the appropriate wage for what the work you performed. Contact the New York workers’ rights attorneys at Hach & Rose, LLP if your employer is withholding your rightfully deserved wages. For more information, call (212) 779-0057 today.

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