Injured Workers vs. New York State Workers Compensation Board

The New York Times recently completed a three-part series summarizing their devastating 18 month long investigation into the New York State workers’ compensation system. What did they find? To the hundreds of thousands of injured New York workers who have suffered through the indignity of a drawn-out battle for the money and care they need for their work-related injuries, the findings are not a surprise: the system is flawed, badly flawed. Even recently released reforms aimed at turning the system around barely scratch the surface.

NY Workers’ Comp: a convoluted, corrupt system

The New York State workers’ compensation program started with a simple goal: if a worker is injured on the job, they should quickly receive medical care and wages. In return for receiving quick help for their injuries, the worker would agree to not file suit against their employer. It seemed like a good idea at the time, but the story today is very different. While many in the public think that the biggest problem in workers’ compensation is fraudulent claims, this is far from true. The real problems are woven throughout the compensation system, problems that result in unfair treatment of the very working men and women the program is supposed to help.

The issues are numerous. There have been a number of recent cases where employers were found to be underpaying insurance premiums to save money. Employers also underreport the size of their workforce, again to save money on compensation claims. Doctors fabricate bills, milking the system for more than they deserve. All these actions take money away from the injured people who really need help.

The Board: bloated bureaucracy?

But those aren’t even the biggest problems. It is the New York State Workers’ Compensation Board itself, staffed by possibly unqualified political appointees, that deserves a large amount of blame for the injustices suffered by injured workers. The Board is a massive $5.5 billion a year state-run bureaucracy, and with about 140,000 claims filed every year it represents the 2^nd largest workers’ compensation system in the country. After their 18 month long investigation, the New York Times described the workers’ compensation system as “uniquely adversarial”, and for good reason.

Not only is New York one of the slowest states to compensate workers for their injuries, but they are also one of the stingiest. Even recent changes to the amount paid to workers – the first increase since 1992 – leaves workers being compensated about half of what a similar claimant in Iowa would receive. Of course, this is only relevant if workers receive any compensation at all. Very often claims are left in a sort of compensation board purgatory, where they linger for months before a hearing, only to receive a cursory few minutes of time before a judge. Claimants are often stunned to find that a four month wait for a hearing results in a farcical eight minute trial. As if that were not bad enough, any disagreement between sides means the worker could be up for a six to nine month wait – all without medical care or money for the worker’s injuries.

As hard as it is to believe, the injustices don’t stop there. In trying to reduce the amount of time that claimants have to wait for a trial, some cases are heard by a claims examiner instead of a judge. The problem is that these examiners don’t have to have a medical or legal background, which means their findings are often rife with errors. While a judge is supposed to review claims examiners’ reports, some judges admit to giving them only a quick glance before signing off. Workers whose claims are shunted off to unqualified reviewers in the name of expediency are being mistreated as badly as workers waiting in limbo for their case to be heard. Hearing claims faster – but unfairly – isn’t the answer to the massive backlog of workers’ comp cases.

As anyone who has read the New York Times three-part series knows, there is much, much more to be said on this topic. We will continue to examine the issues raised in the NYT investigation in future articles. In the meantime, if you were injured on the job and need help with your New York workers’ compensation claim don’t despair – help is available. The attorneys at Markhoff & Mittman are knowledgeable in all aspects of workers’ compensation law and have been helping injured workers just like you for the last 70 years. We even wrote a book for injured workers, “Five Deadly Sins that Can Derail Your New York Workers Compensation Case”, which is available for free. This book will help demystify the workers’ comp system in New York and help you understand your rights so you don’t become a victim of a bloated, corrupt system.

Please contact our office today to find out how we can help you receive the compensation and care that you need and deserve.

Markhoff & Mittman, P.C.

14 Mamaroneck Avenue

Suite 400

White Plains, NY 10601

Toll Free: (866) 205-2415

Phone: (914) 946-1452

Fax: (914) 946-0810