LoTempio P.C. Law Group
Call Us For A Free Initial Consultation 716-427-6683
Search
LoTempio P.C. Law Group

NY workers' comp reform plan may reduce benefits to workers

The New York State Workers' Compensation Board has just released a new proposal on how permanent impairments will be evaluated. According to the board's chair, the proposal "will incorporate advances in medicine that result in better healing and outcomes for injured workers to use in evaluations and determinations for schedule loss of use awards."

Unfortunately, it's not clear how advances in medicine will be accounted for in schedule loss of use awards, which are payments for permanent impairments.

As the chairman of the Workers' Compensation Alliance pointed out, advances in medicine are already taken into account because they improve outcomes for injured workers. "For example," he said, "if the modern approach to a surgery leaves the patient with greater mobility and strength than the way it was done 20 years ago, then they would correspondingly get a lower 'schedule loss' rating today than they did then."

Citing a lack of transparency in the board's process, the Workers' Compensation Alliance released the results of a survey indicating that many workers feel their schedule loss benefits are already too low. The Workers' Compensation Alliance is a coalition of workers' comp attorneys and injured workers in New York.

Some 1,500 injured workers, a little over half of whom had a schedule loss award, responded to the online survey. 69 percent said their schedule loss evaluation was already too low under the current guidelines. 75 percent felt their overall award was inadequate to compensate them for their injury.

One weakness of the survey was that it's not clear how many respondents were members of the Workers' Compensation Alliance. That said, the organization does not lobby for attorney fees but only to preserve due process rights and benefits for workers, according to its chairman.

The chairman of the Workers' Compensation Alliance also pointed out that New York workers' comp premiums have been cut by 4.5 percent recently. This resulted in about a half billion dollars in savings for employers. This may indicate successful lobbying efforts by employers, as may another change. The Workers' Compensation Board is currently working on releasing a new formulary for what prescription medications will be covered under workers' compensation in New York. That is expected to save employers another $100 million or more.

"Given that picture, it is difficult to comprehend the argument that employer costs are skyrocketing and that worker benefits must be slashed," said the chairman of the Workers' Compensation Alliance.

No Comments

Leave a comment
Comment Information
  1. Personal Injury

    A client settled their case against a homeowner for $275,000 for a fractured leg with surgery as a result of a fall from a ladder while assisting the homeowner install a second floor ladder.

  2. Wills, Trusts, Estates

    An estate received $57,500 in a wrongful death case involving a defective medical alert device.

  3. Personal Injury

    A client was injured while pulling a hamper with a defective handle which resulted in cervical herniation which then required surgery. The client settled the claim against the hamper owner for $495,000.

  4. Criminal Law

    A man was accused of aggravated animal cruelty for shooting his dog acquitted of all charges.

  5. Criminal Law

    The defense counsel asserted constitutional rights so that no charges were brought against a store owner for tax evasion.

  6. Business, Corporate and Employment Law

    We successfully collected thousands of dollars for a company on a breach of contract issue.

  7. Personal Injury

    A woman received $83,750 for a right knee injury she sustained due to the negligence of a local restaurant and bar.

  8. Criminal Law

    Our counsel successfully suppressed evidence in State Court from an improper search of a residence.

  9. Personal Injury

    A victim of a rear end accident settled with the defendant for $25,000 and then resolved a SUM claim for an additional $200,000 as a result of cervical disc herniations with a recommendation of surgery.

  10. Criminal Law

    A man was acquitted of Driving While Intoxicated and all other charges. The defense showed that the people failed to prove the operation of the motor vehicle.

  11. Criminal Law

    A Niagara Falls resident was accused of murdering a man shot outside his home and with whom he had previous fight and was acquitted on all charges.

  12. Workers’ Compensation and Social Security Disability

    A man received a $2.4 million settlement for pain and suffering, and lost wages due to a work-related accident.

  13. Criminal Law

    A man’s charges for Aggravated Harassment were dismissed when the defense counsel moved to dismiss charges for insufficient paperwork.

  14. Personal Injury

    A man obtained a settlement of $1.8 million when he lost his wife due to the administering of the wrong prescription.

  15. Personal Injury

    A woman received $100,000 for a neck injury she sustained in a motor vehicle accident.

  16. Personal Injury

    A woman was awarded $115,000 for head and neck injuries she sustained in a motor vehicle accident.

  17. Personal Injury

    A woman received a $250,000 settlement from a slip and fall at a rental property where she injured her back.

  18. Personal Injury

    A woman received $62,000 for a neck injury she sustained due to the negligence of a commercial property owner.

Email Us For A Response

Contact Our Legal Team

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

LoTempio P.C. Law Group | Complete Counsel

LoTempio P.C. Law Group 181 Franklin Street Buffalo, NY 14202 Phone: 716-427-6683 Fax: 716-855-3437 Buffalo Law Office Map