New York State Workers’ Compensation Reform Improvements

The New York State Workers’ Compensation Board recently published a report highlighting how the 2007 compensation reforms have improved workers’ compensation benefits for New Yorkers.  The reforms have been in place for less than a year so it is too soon to declare victory over huge case backlogs and paltry payouts for injured New York workers, but so far the changes are moving in the right direction.

 

The cited improvements attributed to the 2007 New York Workers’ Compensation Board reforms include:

1. A cap on amount of compensation that injured workers can receive was raised, upping the current max to $500 per week from $400 per week.
2. The cost of premiums to New York State employers has been reduced, and is expected to go down further.
3. The claims process has been streamlined in order to meet the Board’s goal of reviewing all disputed cases within 90 days (down from a previous average of 200 days).  To meet this goal, forms have been redesigned and the board has restructured how appeals cases are heard.
4. Over 1,700 stop-work orders have been issued to employers who were without a workers’ compensation policy or who had unpaid compliance penalties.  In addition, the Board added an Employer Proof-of-Coverage tool to their website.  Now anybody can look up an employer’s workers’ compensation or disability benefits policy.
5. The self-insurance industry was strengthened and stabilized by efforts that reduce by half the annual self-insurers’ assessment amount from the previous estimate of $66 million for 2008-09 to approximately $33 million.
6. Laws were changed to more clearly classify livery cab drivers as employees or independent contractors to reduce confusion when they are injured.  Drivers classified as independent contractors now have workers’ compensation coverage.
7. The Board continues to work to reduce workers’ compensation fraud, and in 2007 $5.6 million was restored to defrauded victims.
8. The Board adopted an aggressive pharmacy fee schedule which will save injured workers money.
9. A process is being developed to provide in-person translators in court for all injured workers with limited proficiency in English.  Special court days will be allocated for claimants who need translators.
10. The Board’s website has been completely redesigned to make it easier to navigate and find information.
11. The Board’s World Trade Center outreach efforts have resulted in the registration of 4,100 ground zero workers.

 

You can read more details about the benefits realized by the top three reform efforts in our law library article, “Top 3 Benefits of the New York State Workers’ Compensation Board Reforms”.