NY State Workers’ Compensation Law states that anyone who files a claim for Workers’ Compensation and “knowingly makes a false statement… as to a material fact…shall be disqualified from receiving any compensation directly attributed to such false statement.”

In short, this means that if you intentionally lie about your Workers’ Comp. claim, you may be denied benefits. The Workers’ Compensation Board can also decide to permanently disqualify someone from getting any Workers’ Comp. benefits in the future.

This part of NY Workers’ Compensation Law, Section 114-a, took effect in 1996 and continues to be a problem for working people with Workers’ Compensation claims. Some examples that are included as part of this law:

• When an injured worker doesn’t report doing something that’s legally considered work
• When an injured worker doesn’t include relevant information in their claim
• When an injured worker misrepresents their condition

NY Workers’ Compensation Law: A Case To Learn From

A recent Section 114-a case included a man who hurt his shoulder on January 2013. This worker continued to work light duty until May 2013, when he had surgery for his injuries. Following the surgery, the injured worker received temporary total disability benefits until he returned to work on October 2013.

The Injured Workers’ Employer Claimed Section 114-A of NY Workers’ Compensation Law

The injured worker’s employer claimed that the injured worker violated Section 114-a. This violation was based on the fact that the worker was caught on video using a riding lawnmower and weed trimmer from July and August 2013.

During a Workers’ Compensation hearing, the injured worker stated that he owned and operated his own lawn care and plowing business since 1994. During this hearing, the injured worker admitted that he did lawn care services twice a week while at the same time collecting lost wage benefits from Workers’ Compensation. The injured worker stated during the hearing that he told his surgeon that he worked part-time for his lawn business. The injured worker also said that the surgeon told him that he could do work for his lawn business as long as he limited his activities to things that didn’t require him to lift his injured arm above his shoulder. The injured worker said at the hearing that both he and his surgeon believed that the temporary total disability only applied to his regular work. The injured worker’s statements were supported by his doctor’s medical records.

The injured worker also stated at his hearing that while he collected temporary total disability benefits he asked his employer to return to work on light duty. The injured worker was told he could not return to work until his doctor cleared him.

The Independent Medical Exam

In July 2013, the injured worker received an independent medical exam, also known as an IME. The injured worker wrote on his intake form for the IME that he was not working or volunteering. At his hearing, the injured worker said that he misunderstood the intake form and thought that the form was asking if he was working at his primary job.

The Decision: The Injured Worker Violated NY Workers’ Compensation Law

The Workers’ Compensation Law Judge ruled that the injured worker did not violate Section 114-a. However, the decision was appealed. Then, the Board Panel reversed the original decision and ruled that the injured worker did violate Section 114-a. Because of this, the Board Panel ruled that the injured worker should be denied benefits. The Board Panel also ruled that the injured worker would be permanently disqualified from receiving future wage replacement benefits.

The injured worker then appealed the decision to the Appellate Division of the Third Department. The Appellate Division of the Third Department ruled that the injured worker did violate Section 114-a of NY Workers’ Compensation law. However, The Appellate Division ruled that a trial court should decide if the injured worker should be permanently disqualified from benefits. The Appellate Division reasoned that the penalty for breaking the law should not be disproportionate to the alleged wrongdoing.

NY Workers’ Compensation Law, Section 114-A & Volunteering

It’s pretty common for injured workers to be self-employed, have a side business or volunteer for local organizations like the American Legion or Fire Department. However, all of these activities could result in being accused of violating Section 114-A.

Violating Section 114-A of NY Workers’ Compensation law can have serious consequences. Injured workers could lose benefits and be banned from receiving future benefits. Because of this, it’s very important for injured workers to talk to their workers’ compensation lawyers, their doctors and IME doctors before doing any work, volunteering or otherwise. This work could violate Section 114-A, making it hard for injured workers to provide for themselves or their families.

Get Help from NY Workers’ Compensation Lawyers

MCV Law’s experienced workers’ compensation lawyers have helped protect the rights of injured workers for over 30 years. To get help from experienced, award winning workers’ compensation lawyers, contact us for a free initial consultation.

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.

What are Workers’ Compensation Doctors?

Workers’ compensation doctors are medical providers who provide medical care and treatment for recipients of NY Workers’ Compensation benefits. This includes doctors, chiropractors, physical therapists, physicians’ assistants, nurse practitioners, nurses and other associated medical professionals.

Workers’ Compensation Doctors Role In Your Case

Workers’ compensation doctors are important to your workers’ compensation case. In addition to providing treatment for your injuries, workers’ compensation doctors assist in your return to work. Through medical reports and documenting your medical history and progress related to your workers’ compensation injuries, workers’ compensation doctors provide important evidence for your case.

When to See Workers’ Compensation Doctors

You should seek treatment from workers’ compensation doctors immediately after a work related injury or medical condition is recognized. Having a complete history of your work related medical condition will provide important evidence to your workers’ compensation case. Identifying a work related injury as soon as it happens and seeking medical treatment for this injury is important because it documents the progress of your health as it relates to your workers’ compensation claim.

If you believe you may have an injury or medical condition that relates to your work, you should talk to a workers’ compensation doctor as soon as possible, as they can evaluate if your condition was caused by your job. If you may have developed an occupational disease or illness, tell your doctor about the substances or chemicals that you work with. If you’re not sure about the specifics of the chemicals or substances you work with, you may be able to get this information from a Material Safety Data Sheet (MSDS) that relates to the specific substances that are involved in your job.

Often, people don’t know they have a workers’ compensation claim until their doctor notices a condition is related to a patient’s occupation. For example, you may notice hand pain that keeps you up at night, but your doctor may be the one who identifies this as Carpal Tunnel Syndrome that develops from your job as a secretary.

Workers’ Compensation Doctors & Pre-Existing Conditions

You should inform your doctor of any pre-existing conditions or history of injuries. Even if you’ve had a similar injury in the past, it’s very important to be honest with your doctor about your medical history. Your work related injury could have resulted in a permanent impairment that was not caused from prior injuries. If you don’t tell your workers’ compensation doctors about your past similar injuries, this can lead to greater problems later on in your case, such as allegations of fraudulent conduct. It’s important to be consistent, accurate and thorough with your documentation of prior injuries throughout your workers’ compensation claim, especially on forms, such as the C-3 Employee Claim form.

Choosing Your Workers’ Compensation Doctors

You have the right to choose your own workers’ compensation doctors, provided these workers’ compensation doctors are authorized by the New York State Workers’ Compensation Board.

Who Are Authorized Workers’ Compensation Doctors?

A list of authorized medical providers is available at the New York State Workers’ Compensation Board website.

What’s Expected of Your Workers’ Compensation Doctors?

Workers’ compensation doctors are required to report their findings through the use of New York Workers’ Compensation Board prescribed forms. Additionally, workers’ compensation doctors must comply with Medical Treatment Guidelines, such as pursuing variances and approvals when needed.

Covered Costs For Seeing Workers’ Compensation Doctors

Workers’ compensation can cover the cost of your work related injury’s prescriptions, medical supplies (like crutches or bandages), mileage to and from workers’ compensation doctor appointments and parking costs related to seeing your workers’ compensation doctors.

Workers’ compensation benefits also covers medical care that’s both causally and consequentially related to your work related injury. For example, if you’ve injured your knee in a fall at work, then injured your hand while rehabbing your work related knee injury, workers’ compensation can cover the related medical expenses for treating both your original knee injury as well as the subsequent hand injury.

Get Copies of Your Medical Reports From Your Workers’ Compensation Doctors

Your medical reports are a central part of your workers’ compensation claim. Because of this, you should get copies of your medical reports from your workers’ compensation doctors prior to filing your claim. This helps your case by providing medical evidence of your work related medical condition.

Workers’ Compensation Doctors & Independent Medical Exams (IME)

The insurance carrier involved in your workers’ compensation claim may have your work related injuries looked at by an Independent Medical Examiner (IME). Independent Medical Examiners are used to verify that your injuries or medical condition are caused by your job. Because of this, it’s very important to provide an IME with a comprehensive history of how your work related injury occurred and the results of that injury. The information you provide in the IME should be consistent with the information in your medical history. If this information has changed, it’s important to your case that you explain to the IME why this information has changed.

Have Questions? Get A Free Initial Consultation

Workers’ compensation is complex. Knowing how to navigate requirements related to workers’ compensation doctors is very important to the success of your workers’ compensation claim.

For over 30 years, MCV Law’s workers’ compensation lawyers near Syracuse, NY have guided injured workers through the NY workers’ compensation process, making the process less confusing and stressful for our satisfied clients.

For a free initial consultation with our workers’ compensation lawyers, 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.

The Workers’ Compensation Law is a wage replacement statute, thereby allowing injured workers to collect weekly benefits if an on-the-job injury prevents them from working. These are referred to as “lost wage benefits.”

How Much Does Workers’ Comp. Pay Per Week in Lost Wages?

Lost wage benefits typically commence within 3-4 weeks after the injury. The amount of the benefit is dependent upon two things. The first is the injured employee’s Average Weekly Wage. This number is set by assessing how much money the injured worker made on average for the 52 weeks prior to the injury. Make sure that all extras such as bonuses, commissions and other money benefits are included. The weekly rate is based upon this number, so it is important to be sure it is as accurate as possible.

How Much Does Workers’ Comp. Pay When You Have More Than One Job?

One important consideration that is often overlooked when calculating the average weekly wage is Concurrent Employment. This applies where an injured worker had more than one job at the time of the accident. If this can be shown, the average weekly wage is increased to account for all earnings.

The second factor in determining the weekly rate is the level of temporary impairment, which is given by the doctors. It is important to understand that the system is driven by medical evidence, however doctors are under very few guidelines or requirements when assessing degree of temporary impairment.

Every time you see your doctor, a report is filed with the Workers’ Compensation Board. Your doctor will provide a degree of disability in that report, which is expressed as a percentage ranging from 0 to 100. Sometimes the doctors will use narrative terms, such as mild, moderate, marked, or total, or some combination thereof. As a practical matter, mild means 25%, moderate means 50%, marked means 75%, and total means 100%.

How Much Does Workers’ Comp. Pay When Temporarily, Totally Disabled?

For the most part, most people who are hurt at work are at least temporarily, totally disabled for a period of time after the injury. If you are temporarily, totaled disabled, you are entitled to collect 2/3 of your Average Weekly Wage from the Workers’ Compensation Carrier. For example, if your Average Weekly Wage is determined to be $600, you can collect $400 per week in lost-wage benefits.

If your degree of disability is assessed to be less than total, you will be paid in accordance with the percentage set forth by your doctor. Using the same example above, if your doctor assesses you to have a 50% degree of temporary impairment, you can collect $200 per week in lost-wage benefits.

The law also provides for Maximum and Minimum rates, depending on your date of injury. For injuries that occurred from July 1, 2014 through June 30, 2015, the maximum weekly benefit is $808.65. Therefore, regardless of your average weekly wage or degree of temporary impairment, you cannot collect more than $808.65 per week in lost wage benefits. The minimum rate for injuries occurring during this period is $150.00 per week.

How Much Does Workers’ Comp. Pay After Returning to Work?

Degree of disability applies where an injured worker is out of work. However, because the Workers’ Compensation Law is a wage replacement statute, the law also provides benefits for injured employees who return to work but earn less because of their injury. This is referred to as “Reduced Earnings.” In the event that you return to work but are earning less than at the time of the injury, you are generally entitled to collect 2/3 of the difference.

At MCV Law, we start with step one to make sure that the Average Weekly Wage is set as accurately as possible. This involves a review of the injured worker’s W-2 and most recent pay stubs, as well as other factors, in an effort to maximize weekly benefits.

Contact us for a free consultation.

In New York State, the Workers’ Compensation Law is an employee’s sole legal remedy for an injury that occurs on the job. What this means is that an injured employee cannot sue a co-employee or employer for negligence that caused the injury. There is one exception to this rule. That is, if the employer intentionally caused the employee’s injury.

Suing Your Employer: Third-Party Actions

While an injured worker cannot sue his or her employer or co-worker, the injured worker can, however, sue a third-party or other entity, if the third-party’s negligence caused the injury. These lawsuits are typically called “Third-Party Actions.”

If a Third-Party Action results in monetary benefits for the injured worker, either by settlement or a verdict, the Workers’ Compensation Carrier is entitled to reimbursement for any lost wages and medical benefits paid. This is also referred to as a “Third-Party Lien.” Calculating the lien and other expenses often gets very complicated, so it is important to seek legal counsel to assist with the process.

In addition, the Workers’ Compensation Carrier must also give consent for the injured worker to settle a Third-Party Action. Failure to obtain consent may result in a complete bar of future Workers’ Compensation benefits.

The most common type of Third-Party Actions arise out of motor vehicle accidents, where the negligence of a third-party motorist causes the injury. In New York State, not only is the injured worker entitled to Workers’ Compensation benefits and a potential Third-Party Action, but the injured worker may also be entitled to No-Fault Benefits. An injured worker who is injured as a result of a motor vehicle accident should seek immediate counsel, as the timeframe to file for No-Fault Benefits is very short.

Don’t Start Suing Your Employer Before Talking to An Attorney

As demonstrated, Third-Party Actions involve many important considerations, so it’s imperative to seek the advice of an experienced attorney. At MCV Law, we have attorneys experienced in both Workers’ Compensation cases and Third-Party Actions, and we work together to be sure the maximum benefits are achieved.

Contact us for a free consultation.