New York workers' compensation claims can present an array of challenges, whether the injured worker was employed on a construction site by a subcontractor or he or she works at a desk job for a big company. The same is true whether the workplace injury is severe burns or head injuries from an equipment accident, the chronic pain and disability that comes with a repetitive stress injury such as carpal tunnel syndrome, or an emerging work-related mental impairment.
Many employees are aware that workers' comp claims are processed by the New York Workers' Compensation Board (WCB), and that the agency also resolves disputes over the amount of wage replacement, coverage for medical expenses and the extent, if any, of vocational-rehabilitation services. At this stage of the process, which may include a WCB hearing, the injured worker can be represented by a New York workers' compensation lawyer.
Some workers may not realize that WCB decisions can be further appealed to New York's state court system. A recent opinion by the Supreme Court, Appellate Division, Thomas v. Warren County DPW, resulted in a favorable decision for the employee after his employer challenged the WCB's grant of workers' compensation benefits.
Seeking Benefits for a Work-Related Injury
The employee, a light equipment operator for an upstate county public works department, sustained an on-the-job injury in 2009. At the time of the workplace injury, he was also separately employed by a janitorial service.
Under New York's Workers' Compensation Law, the employer for whom the employee was working at the time of injury must pay a lost wages benefit based on an average weekly wage that includes all concurrent employment. In other words, the county had to pay workers' comp benefits based on the employee's income as an equipment operator in addition to his lost janitorial earnings.
The employer appealed from the WCB's decision, which said that the county was not entitled to reimbursement from the New York's Special Disability Fund for the excess benefits based on the man's second job. (New York workers' comp law prior to 2007 reforms provided for such reimbursement.) The county argued that it should not have to pay benefits for concurrent employment if reimbursement is no longer available.
The appellate judges were unanimous in rejecting this argument, citing a long line of recent New York workers' compensation cases which the Court of Appeals denied review. One of those cases upheld a temporary partial disability benefit award against the employer even though the employee earned the vast majority of her income from the concurrent job.
Obtaining Experienced Legal Advice About Disabling Injuries
Most people who suffer injury, illness or any other incapacity related to their employment recognize immediately that their misfortune can bring serious financial challenges. New York has long recognized that workers' compensation benefits are a cornerstone of the many systems in place to ensure that lost income, medical expenses and an uncertain employment future do not lead a family to financial ruin.
A New York workers' comp attorney can help clients understand all aspects of the benefits process, including:
- Differing medical opinions from insurance company doctors and personal physicians
- Caps on workers' compensation benefits
- The consequences of voluntary withdrawal after a determination of partial disability, and an individual's obligation to look for work
- Third-party personal injury claims against non-employers and the effect of a settlement on workers' comp benefits
- Responding to allegations of workers' compensation fraud
Just as important, an experienced lawyer can explain the latest legal developments based on recent court decisions and statutory amendments. Sometimes a positive outcome can only be obtained by appealing an erroneous interpretation of the law or a misapplication of facts by the WCB.
Understanding the Full Implications of an Injury, Illness or Other Disability
Attorneys at a New York workers' comp law firm may also have knowledge of related disability issues and the Social Security Disability Insurance (SSDI) benefits process. SSDI benefits may ultimately provide a steady source of support for workers who suffer workplace injuries such as brain injuries, vision loss, neck injuries and back injuries, as well as occupational diseases or illnesses. Because these cases are usually handled on a contingency fee basis, clients can obtain professional legal advice and representation without having to pay advance fees.
