Workers' Compensation Law § 15 [6] [a] sets the minimum rate of compensation for disability - $150 per week since May 1, 2013. There are three scenarios, however when payments may be made at less than the minimum rate.First, if the claimant's average weekly wage...
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Year: 2018
Tips on Pursuing a Workers’ Compensation Fraud Defense:
Do You Have Reason to Believe a Claimant is Defrauding the Workers' Compensation System in Order to Secure or Maintain Benefits?In New York, the statute governing workers' compensation fraud committed by claimants is found at N.Y. W.C.L. § 114-a(1). Added to the...
Light Duty Job Offer – What Employers Need to Know
In New York, a partially disabled workers' compensation claimant is obligated to look for work within his restrictions or otherwise demonstrate an attachment to the labor market in accord with Matter of American Axle. But, if a claimant is still employed and has a...
Calculating the Average Weekly Wage of Seasonal Workers
One of the more contentious arguments held at workers' compensation hearings involves the calculation and establishment of a claimant's average weekly wage (AWW). Establishing a high AWW will result in increased weekly indemnity benefits. On the other hand, setting...
Independent Contractors – The 1099 Myth
There is a myth about IRS Form 1099. It is a creation myth of sorts that fools otherwise honest, hardworking business people into believing that they have no employees. The myth is that if you pay a worker without withholding employment taxes and report payments with...
