Section 29 of the New York State Workers’ Compensation Law gives a workers’ compensation carrier certain rights to be reimbursed for lost wage and medical payments from the proceeds of a third party recovery arising from the same injury. There are many nuances which pertain to Section 29 reimbursements and special rules apply to motor […]
Can I Sue A Co-Worker?
In New York State one who is injured in the course of their employment, as a result of the negligence of a co-worker, is entitled to collect Workers’ Compensation benefits. However, because the injury occurred at work both the employer and negligent co-worker are immune from civil suit under Workers’ Compensation Law Section 29(6). In […]
No More Sitting At Home Collecting Comp
A series of cases decided within the last year make it clear that one of the Workers’ Compensation Board priorities is to require permanently partially disabled claimants actively rehabilitate and seek employment. Exactly what needs to be done to meet your burden to attempt to find work is not cut and dried. However, new case […]
Why Is It Taking so Long to Settle My New York Workers’ Compensation Case?
This is a question that I hear on a daily basis from claimants who are eager to finalize their case. There are many reasons why New York workers’ compensation cases are often very slow to settle. All Parties May Not Agree on the Settlement In some instances, the insurance carrier has no interest in settling […]
New York State Workers’ Compensation: Do Not Refuse Light Duty Work
What is known as “attachment to the labor market” has been a hot topic in the New York State Workers’ Compensation Law for several years. This is because insurance carriers have attempted to use this defense to suspend benefits in a large number of cases. In several instances, the employer will offer a light duty […]
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