Workers’ Compensation is effectively a no-fault system of delivering causally-related medical and wage replacement benefits to workers injured in the course and scope of employment. Unlike in civil court, there is no analysis of fault or negligence in cases before the New York State (“NYS”) Workers’ Compensation Board (“WCB”). If you’re the injured worker, this can be good news. You just need to make sure your doctor is completing and filing the appropriate reports. Then, you can mostly focus on your recovery. We hope. Many of the WCB-authorized doctors are still struggling to learn the Medical Treatment Guidelines (“MTG”) and meeting the filing requirements.
If you’re the employer, the no-fault structure can be bad news for you because you will be liable for costly WC benefits, unless you can disprove–by substantial evidence–that your injured worker was not injured at or due to work. If you don’t investigate quickly, you could be stuck paying for an employee’s weekend sports injury, joint stress due to obesity, chronic illness, and more.
Regardless of whether you are the employee or employer, you are likely to experience great confusion and frustration throughout the claims process. We hope to ease some of your stress and empower you to:
- Settle all issues in the claim
- Maintain a positive professional relationship
- Resolve some of the underlying issues that might be making the workplace less enjoyable
We generally take a mediator’s approach, even to litigation, whenever possible. But we are also skilled litigators who can still “fight the good fight” when the other parties, their attorneys, their doctors, their exports, or even the Board make conciliation nearly impossible. It’s not our preferred process, but it’s sometimes “a necessary evil”.
For more guidance on this topic, see the below blog posts:
- Eight Ways to Make Your Medical Report More Credible
- Three Considerations When Seeking a Workers’ Compensation Attorney
- Three Reasons to Have Effective Employee Safety Processes
- Employers Unlikely to Avoid Liability But Can Mitigate Damages
- Five Issues the NYS WCB Doesn’t Care About in the Claim Against You
NOTE: This page and website contain attorney advertising and a general overview of workers’ compensation. It is not legal advice. If you require information or advice applied to your unique situation, please make an appointment to discuss it with an attorney experienced with the subject matter. Don’t rely solely on what you read on the Internet. Ever.