NY Workers’ Compensation law now includes a new process for opioid pain medications. Opioid pain medications include pills such as hydrocodone, methadone, morphine and oxycodone, among others.

The NY Workers’ Compensation law now has a new process for hearings to help determine if an injured worker should continue opioid usage or if the injured worker should be weaned from opioid medication.

New York Workers Compensation Law’s New Hearing Process On Opioid Meds

Insurers can request a hearing specifically to determine if an injured worker should be weaned from opioids. Form RFA-2 is a workers’ compensation form that can be filed by the insurance company or employer of someone who is receiving workers’ compensation benefits. When filing Form RFA-2, an insurance company or an employer now has the option check a box for “Opioid Weaning under Non-Acute Pain Guidelines.”

When the “Opioid Weaning under Non-Acute Pain Guidelines” box is checked, the insurance company or employer filing the form must provide details about the goals and recommendations for the change in an injured workers’ pain medication routine.

What Do Injured Workers Have to Do About This New NY Workers’ Compensation Law?

When Form RFA-2 is filed with the box for “Opioid Weaning under Non-Acute Pain Guidelines” checked off, the injured worker’s doctor who has been prescribing opioid pain medications then submits a medical report.

This responding medical report must include:

• A review of the injured worker’s use of opioid medications
• A list of the injured worker’s current medications
• A review that determines whether an injured worker’s opioid medication complies with the new NY Workers’ Compensation law related to opioid medication.

Once an injured worker’s doctor has provided a responding medical report, a hearing takes place to determine if changing an injured worker’s pain medications is necessary.

What Can Happen From a Hearing About an Injured Worker’s Opioid Medications

There are three possible outcomes from a hearing about an injured worker’s opioid medications. These include:

• There isn’t enough evidence for continuing opioid medication. Weaning the injured worker off opioid medications will then begin.
• There isn’t enough evidence for continuing opioid medication. Weaning the injured worker off opioid medications will then begin. The injured worker will also enter an addiction treatment program.
• The opioid medication has been shown to be effective and there will not be changes to the injured worker’s opioid medications.

Insurance will cover the cost of the new plan to wean the injured worker off opioid medications. Insurance also must cover addiction treatment program costs if addiction treatment is ruled as necessary for the injured worker.

Why Is There a Change in the New York State Workers Compensation Law?

While many injured workers need some form of pain medication, opioid pain medications have fueled the opioid public health crisis in New York State. Opioid pain medications are highly addicting. Opioid-related emergency department visits increased 73% from 2010 to 2014, according to 2015 NY State Department of Health report. This has also contributed to a 268% increase in heroin related deaths in New York in 2013 compared to 2009, the same report finds.

Because opioid pain medications are highly susceptible to abuse and chemical dependence, New York State Workers Compensation law has changed to help prevent injured workers from these opioid related health problems.

Get Help from Our Experienced NY Workers’ Compensation Lawyers

Dealing with potential changes to your medication routine can be confusing and frustrating. For over 30 years, MCV Law’s workers’ compensation lawyers have helped protect the rights of injured workers.

Our experienced lawyers near Syracuse, NY and Watertown, NY can help make the workers’ compensation process easy, empowering you to have more control over your life and workers’ comp. benefits.

If you or a loved one are on workers’ compensation and need dedicated and knowledgeable legal representation, contact us today.

You can be fired while on Workers’ Comp., but there’s a lot more to consider than what can be provided in a yes-no answer. You still may have means to protect your income if fired while on Workers’ Comp.

Being Fired While on Workers’ Comp. and the Family Medical Leave Act (FMLA)

While you can be fired while on Workers’ Compensation, employees who are covered by the Family Medical Leave Act of 1993 receive up to 12 weeks of unpaid, job-protected leave. The protections from the Family Medical Leave Act (FMLA) often are applied at the same time as NY Workers’ Compensation Benefits. The Family Medical Leave Act does not provide pay or benefits, but protects your right to return to your job within the 12 week period.

Not all employees are covered by FMLA protections. Generally, employees who are protected by the FMLA are given a written notice to their rights under the law. This notice is usually given around the same time a Workers’ Compensation case begins.

Being Fired While On Workers’ Compensation: An FMLA Example

For example, John files a NY Workers’ Compensation claim. John then begins his 12 weeks of unpaid, job-protected leave as part of his rights under the FMLA. During this 12 week period, John may be receiving Workers’ Compensation benefits.

During this 12 week period, John is fired while on Workers’ Compensation. John’s termination would be unlawful in this case, as he was fired during the protected 12 week period.

Is Being Fired While On Workers’ Comp. Discrimination?

According to New York State law, being fired while on Workers’ Compensation is not discrimination. This is because NY law allows employers to replace you if you’re unable to perform your work.

However, you cannot be fired while on Workers’ Comp. just for filing a NY Workers’ Compensation claim. You also cannot be fired for being a witness in another person’s Workers’ Compensation claim. If you were to be fired while on Workers’ Comp. with the only reason being that you filed for Workers’ Compensation or acted as a witness in another person’s Workers’ Compensation claim, this would be considered discrimination under NY workers’ compensation law.

Being Fired While On Workers’ Comp.: Section 120 Claims

If you’re fired while on Workers’ Comp. and your job termination was solely because you filed for Workers’ Compensation or you were a witness in another person’s Workers’ Compensation claim, you can make a Section 120 claim.

A Section 120 claim only applies to these two circumstances of wrongful termination. Because of this, it’s very difficult for a worker to prove a Section 120 claim. Most employers have a deep understanding of the law as it relates to Section 120 claims, and therefore are very careful with their reason for firing you while on Workers’ Comp.

Being Fired While On Workers’ Comp.: Unemployment Insurance

After being fired while on Workers’ Comp., you still may have ways to protect your income and provide for you and/or your family. If or when you’re fired while on Workers’ Comp., you may be able to collect unemployment insurance benefits if you have a partial degree of disability.

Have Questions? Let’s Talk

Determining if you were legally fired while on Workers’ Comp. can be very difficult to decide. The specifics to each case matters a lot in answering the question if you can be fired while on Workers’ Compensation.

For over 30 years, our Workers’ Compensation lawyers near Syracuse, NY have protected the rights of injured workers. To get a free case evaluation from our experienced attorneys, contact us.

A Section 32 settlement is one of many ways in which injured workers’ can receive compensation for their work-related injuries, and is typically done at the conclusion of a case.

However, the Section 32 settlement process must be properly navigated to ensure injured workers receive the compensation they may be entitled to, as well as protect their future medical needs.

What is a Section 32 Settlement?

A Section 32 settlement is an agreement that results in a final payment to an injured worker. Specifically, a Section 32 settlement is an agreement between an injured worker and their employer’s insurance company or third party administrator who is responsible for processing Workers’ Compensation payments.

A Section 32 settlement cannot be court ordered, and must be a voluntary agreement.

What Does A Section 32 Settlement Cover?

Specifically, a Section 32 settlement covers the Lost Wage portion and/or medical portion of a Workers’ Compensation case.

The amount that an injured worker can receive from a Section 32 settlement is determined by what the insurance company or third party administrator is likely to pay an injured worker in the future as it relates to Lost Wages or medical expenses. However, in some cases, the amount of a Section 32 settlement can be determined by either Reduced Earnings payments, likely PPD payments, or a combination of the two.

Section 32 Settlements & PPD Payments

PPD Payments refer to Permanent Partial Disability Payments. Permanent Partial Disability Payments are Workers’ Compensation benefits that are provided to injured workers based on permanent physical impairment or reduced earnings. Permanent Partial Disabilities are defined as a work related injury that have a permanent negative impact on a worker’s ability to perform work related tasks.

Section 32 Settlements & Reduced Earnings Payments

Section 32 Settlements can consist of Reduced Earnings payments and/or Permanent Partial Disability payments. Reduced Earnings payments refer to the compensation an injured worker receives to make up the difference between what an injured worker was paid at a job before they were injured and the reduced income an injured worker receives after an injury.

For example, John makes $900 a week at his job. John is injured on the job. When John returns to work, he makes $600 a week at the same job. Reduced Earnings payments make up for $200, or 2/3rds of the difference, in weekly income that John isn’t paid after returning to work from his injury.

Injured workers can estimate their Reduced Earnings Payments using MCV Law’s Reduced Earnings Calculator.

Confused by what you can expect from a Section 32 settlement? Contact us for a free initial consultation.

When Will I Get A Section 32 Settlement?

Discussions about a Section 32 settlement most often occur either right before MMI is discovered or permanency proceedings begin. Both MMI and permanency proceedings are relevant in determining future medical expenses that are related to a workplace injury.

What Is MMI & How Does It Relate to A Section 32 Settlement?

MMI refers to Maximum Medical Improvement. Maximum Medical Improvement is a legal term that describes an injured workers’ condition as it relates to their recovery from their work related injuries. If an injured worker has achieved Maximum Medical Improvement (MMI), this means that the injured worker has recovered from their work related injuries and no further improvements can be reasonably expected

Section 32 Settlements & Permanency Proceedings

Permanency proceedings refer to the legal process that determines the level of permanency resulting from the injury and the impact the impairment has on the workers earning capacity. Permanency is also known as how permanent or long lasting an injured workers’ injuries or related symptoms will affect an injured worker.

The most difficult decision the judge has to make is the percentage of Loss of Wage Earning Capacity (LWEC), which takes in to account vocational factors, as well as your injury.

How is A Section 32 Settlement Paid?

A Section 32 settlement must first be agreed upon in writing. As part of this written agreement, the New York State Workers’ Compensation Board requires a disclosure form, and an attorney’s fee request. Once the agreement, disclosure form and attorney fee request are filed with the Workers’ Compensation Board, a hearing is scheduled.

This hearing is a significant step toward making the amount of a Section 32 settlement official. At this hearing, a judge reviews the agreement to make sure the Section 32 settlement is fair and reasonable. If all parties involved in a Section 32 settlement sign the agreement, the Section 32 settlement is provisionally approved.

Upon provisional approval, all parties involved have 10 days to call off the agreement. Once this 10 day period is over, the Workers’ Compensation Board makes a formal decision to approve the Section 32 settlement.

Typically, the process from hearing to approved payment takes approximately 3 weeks. The employer’s insurance company or third party administrator must then make Section 32 settlement payments within 10 days of the Workers’ Compensation Board’s decision.

How A Workers’ Compensation Attorney Can Help With A Section 32 Settlement

There are a lot of factors that go in to determining the right amount for a Section 32 settlement. Between Lost Wages, potential medical expenses, and complex legalese, there’s a lot for an injured worker to figure out to get the most favorable Section 32 settlement possible.

For over 30 years, MCV Law’s Workers’ Compensation Attorneys have helped injured workers navigate the Section 32 settlement process.

Injured workers should seek professional, experienced legal representation by contacting a Workers’ Compensation lawyer.

Sign the Petition to Protect Workers’ Compensation in New York Here!

Sign the Petition to Protect Workers’ Compensation in New York Here!

Many workers suffer injuries which lend themselves to a schedule loss of use. These cases typically involve injuries to the hands, arms, feet, legs, eyes, thumbs, fingers, and for hearing loss.

The schedule loss of use is calculated based upon a chart found in Section 15 of the Workers’ Compensation Law. This chart demonstrates how many weeks a particular extremity is worth. For instance, the hand is worth 244 weeks under Section 15. If you are found to have a 10% loss of use of the hand, the award is equal to 10% of 244 weeks, or 24.4 weeks. Schedules are paid at the total rate in your case and paid in a one-time lump sum. In calculating the award, you multiply 24.4 weeks times the total rate in your case. If the total rate in your case is $400, the schedule award would be $9,760. However, any prior payments made to you during the course of the disability are deducted from this award. If you previously collected $3,000 in lost wage benefits, your award would be $6,760.

When Is A Schedule Loss of Use Assessed?

A schedule loss of use is typically assessed about a year from the date of the injury or from the date of surgery. First, your doctor must opine that you have reached Maximum Medical Improvement. If this is found, your doctor will provide a loss of use opinion. At this point, the Insurance Carrier can either accept your doctor’s opinion or chose to obtain an opinion from an Independent Medical Examiner. It is often the case that there is a dispute between the two doctors’ opinions. Negotiation between the two opinions is encouraged under the law, however, if an agreement cannot be reached, testimony of the two physicians is taken and the judge will render a decision on which doctor he or she finds to be more credible.

Schedule Loss of Use & Hearing Loss

Hearing loss is a little different. There are two types of hearing loss cases. The first is traumatic hearing loss, which results from an explosion or a one-type event. The second, and more common, is referred to as an occupational disease, where the hearing loss results from exposure to loud noise over a number of years, such as factory workers or tool makers. The injured worker must be removed from the noise for 90 days before a claim can be brought. The doctors will then give an opinion as to the percentage of hearing loss and an award is payable.

What is the Difference Between Schedule Loss of Use & A Settlement?

It is important to understand that a schedule loss of use is not a settlement. There are three important distinctions.

• First, a schedule loss of use is an advance payment of Workers’ Compensation benefits. This means that if your injury causes you to lose time from work again in the future, you would be required to use up the number of weeks you received until you could collect further Workers’ Compensation benefits. For example, if you received a 10% schedule loss of use of your hand, you would be required to be out of work for a total of 24.4 weeks before you could collect further Workers’ Compensation benefits.
• The second important distinction between a schedule loss of use and a settlement is medical care. With a schedule loss of use, you remain entitled to causally related medical care for your injury for your life. Generally, you give up your right to future medical care with a settlement.
• The third important distinction between a schedule loss of use and a settlement is that you can come back and make an additional claim for lost wage benefits 18 years from the date of your accident with a schedule loss of use.

Contact us for a free consultation.