Workers' Compensation Law § 15 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.
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 everyone, so they must be stopped before they become an issue.
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 they perform certain types of work or are classified in a particular way.
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 or related to activity that the employer authorized.
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.
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 an employer is to blame when an employee dies at work (as it is the employer's responsibility to ensure that their workplaces are safe). The fact that this responsibility does exist, however, does not necessarily absolve an employee of seeing to their own safety, nor does it mean that workplace accidents should be immediately attributed to negligence on the part of the employer.
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 coverage, and an abundance of claims can impact the rates they pay. Thus, it is in their best interest to encourage the investigation of claims to ensure that the cause of their employees’ injuries are indeed work-related.
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. While for many companies carrying workers’ compensation benefits is a legal requirement, most are assumed to be happy to offer as a sign of the care they have for their employees. Yet at the same time, employers do not want to be taker but advantage of and made to pay for a benefit that members of their staffs then attempt to abuse.
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 are a few signs you can look out for if you suspect your employee is making a false claim in order to receive compensation.
New York workers sustain injuries on the job every day. Whether you run a construction business or have a small office, accidents happen. However, not all injuries sustained while on the job or company property are compensable. At Stockton, Barker & Mead, LLP, we often assist clients with a wide range of workers’ comp issues.