If you’ve considered foregoing workers’ compensation insurance for your business, you’ve likely thought of it as a cost-cutting measure. Saving money on a costly policy may seem like a good way to improve your bottom line. But it can cause you to run afoul of the law....
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Workers’ Compensation Defense
Posthumous PPD/LWEC Award
Workers' Compensation Law § 15[4] has long been the basis for posthumous schedule loss of use awards. But it has not been used as the basis for posthumous non-schedule awards - until now.In Matter of Green v Dutchess County Boces (529624, 2020 WL 1056237 [3d Dept...
Fight back against workers’ compensation fraud
The workers' compensation system is designed to help protect employees and employers; however, some workers might try to take advantage of the system. In those cases, it is up to the employers to try to fight back. Fraudulent workers' compensation claims can hurt...
Employees that aren’t generally covered by workers’ compensation
New York is one of 39 states that require virtually every employer to offer workers' compensation coverage. It doesn't matter if a company has a single employee or multiple employees. All individuals who work for a business must be covered by this insurance unless...
Understanding the difference between ‘detour’ and ‘frolic’
Workers' compensation claims can sometimes involve work-related activities that an employee was engaged in outside of the actual workplace. The act that an employee was engaged in when they were injured, however, needs to be either directly authorized by the employer...
Workers’ compensation benefits rose for much of the last decade
Workers' compensation is a vital guarantee for employees that helps keep workplaces safe. However, the details of the insurance and other requirements to offer the payments if a worker is injured on the job have been the bane of many business owners.Payouts are on the...
Family seeking wrongful death action after worker’s death
Any case of a worker dying in an accident on a job site in Troy is tragic, and all involved can understand the pain and grief that such a loss inflicts on the victim's family. Yet does that pain and suffering automatically justify legal action? One might assume that...
Court rejects NYPD officer’s workers’ compensation appeal
Many in Troy might assume that employers approve any and all workers’ compensation claims in an effort to remain in their employees’ good graces. Yet what is overlooked in this assumption is the fact that companies pay for their workers’ compensation...
Former firefighter seeks workers’ comp for cancer
Ask most in Troy what is covered under workers’ compensation, and the likely response will be injuries that occur on the job. Indeed, this benefit is meant to help those people who are injured at work afford the cost of the care needed to overcome such injuries....
How can I identify workers’ comp fraud?
According to Business News Daily, fraudulent workers' compensation claims cost a staggering $7.2 billion per year. That's why it's crucial that employers are able to properly identify common red flags indicating a work injury is not all it seems. The following...
