New Law Could Change NYS Workers’ Compensation System
Workplace accidents often happen without warning. In a split second, you could experience a fall, equipment could malfunction, or you could be injured by someone else’s error. Learning that you may be out of work for some time may be overwhelming. You may be unsure how you will make ends meet, or when you will start receiving workers’ compensation benefits.
New bill could promote efficiency within the workers’ comp system
One New York lawmaker wants to improve the timing of workers’ compensation benefits and to provide additional legal options for injured workers. Assembly Bill A7045 was introduced to the New York State Assembly and Senate by Assemblyman Harry Bronson and State Senator Jessica Ramos
Workers’ compensation in New York is a no-fault system. That means even if you were at fault for an accident that you were injured in, you can still receive benefits. However, provisions of the bill could allow injured workers to collect additional damages if their employers were at fault. If the bill becomes law, this will apply to the following circumstances:
- An employer’s violation of a safety regulation caused a worker’s injury.
- Benefits are cut off due to a workers’ compensation duration cap.
- Payments in a workers’ compensation claim aren’t secured by employers.
Redefining the degree of disability
A7045 would redefine “temporary total disability,” which currently doesn’t factor in modified job duties. For example, if an injured worker is deemed unable to perform the same duties at the time of the injury, but can perform modified tasks, then he or she is not found to have temporary total disability.
The bill would change this provision and establish that as long as an injured worker is unable to perform any original job task, he or she has temporary total disability – depending on the degree of the disability.
In addition, new provisions in the bill would allow injured workers to pursue “permanent total disability” under two circumstances:
- The worker is unable to perform any job task, including modified or sedentary duties
- A long-term injury or illness makes a worker eligible for federal social security disability benefits
Our attorneys will continue to keep an eye on these potential changes to the New York workers’ compensation system.
No matter what the cause of your workplace accident, it’s always critical to seek the legal counsel of an experienced NYC workers’ compensation attorney. The process of filing a claim and pursuing benefits may be confusing and can present a slew of challenges.
The legal team at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP Attorneys At Law can help you get the job done right. Contact us today to discuss your legal options.