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Employers and employees pitted against each other in the NY workers’ comp system

The concept of workers’ compensation is a noble one, and one intended to treat injured workers fairly and quickly. In New York, if a worker is injured on the job, they are supposed to receive prompt compensation for their injuries and time to recover. However, the current system has evolved in a way that serves neither the employer nor the employee. In fact, it almost seems as though the subject of workers’ comp has created unnecessary tension between these two groups.

Employers are often maligned for trying to save money by cutting corners. Unfortunately this criticism is warranted, as over the years many New York employers have been found guilty of workers’ comp fraud. They’ve been caught underreporting the number of workers they employ to save on insurance costs, they lie about the kind of work their employees perform (a desk-bound secretary is cheaper to insure than a construction worker), and they bully and threaten injured workers in an attempt to keep them from filing workers’ comp claims when injured.

Workers fight unfair perceptions

While the lion’s share of the blame for the corrupt state of affairs rests with employers and their insurance companies, workers sometimes do themselves no favors. Every few months in the news people read stories about men and women who try to defraud the system, and unfortunately this spreads the unwarranted perception that it is untrustworthy workers who are the main source of fraud in the New York workers’ comp system. This leaves some politicians and individuals reluctant to do anything about the corrupt state of affairs, as there is a perception that workers “did it to themselves”.

Nothing could be further from the truth. In-depth investigations of the workers comp system by New York Times journalists have shown us just how flawed the system really is, and it is a much deeper problem than a few workers filing false claims. In an effort to save money on workers’ comp costs, some employers are even checking up on injured workers at home, to make sure they are really injured. Is this kind of violation of privacy really necessary?

Employers are also fighting harder than ever before against claims, in hopes that they’ll catch workers lying about their injuries – when in reality they just make life miserable for the truly injured workers who desperately need compensation and time to recover. Some employers have even gone so far as to fire workers who file claims. It is a sad state of affairs to be sure.

Help for injured workers fighting the system

You don’t have to fight for your rights in the New York workers’ comp system alone. If you are having trouble being fairly compensated for your injuries, then you need the help of experienced attorneys like those at Markhoff & Mittman. We also offer a free book about NY workers’ comp issues called “Five Deadly Sins that Can Derail Your New York Workers Compensation Case”. Please contact our office today and find out what attorneys with over 70 years of experience handling workers’ comp cases can do for you.

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


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