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News

New York State Workers’ Compensation

• Reimbursement Rates Increase Could Mean Better Medical Access For Work
  Sep 03, 2010
  New York state workers' compensation benefits recipients had for years run into a problem similar to Medicare patients: the reimbursement rates for doctors were so low that many medical professionals tried to avoid seeing workers' comp claimants.
  After years of pleading from the public for the New York State Workers' Compensation board to increase reimbursement rates for the first time since 1996, and it appears the board has done just that. The upshot of the potential 30 percent increase in health care providers' reimbursement rates is two fold. 
  One, although authorized providers are required to take on new workers' comp patients if they are able to, more equitable rates could lead to more applications from those not in the system. This would lead to more options for treatment for New York state workers' comp recipients.
  The other is that it could reduce the amount of workers' compensation fraud practice by medical providers who think it's an option. Other recent laws designed to limit workers' comp fraud include the Domestic Workers Bill of Rights Act, signed into law by Governor David Paterson on August 31.
  Workers don't always realize that benefits include travel reimbursement and the cost of care if authorized by the board. For those looking to learn more about the process or how to fill out an application for workers' compensation benefits, contact the legal team at Markhoff & Mittman, P.C. today.
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• New Laws Signed By Gov. Paterson May Limit NY Workers' Comp Fraud
  Sep 01, 2010
  It has been difficult for investigators at the New York State workers' compensation board to crack down on employee misclassification and other types of fraud because the penalties that companies faced simply weren't enough to dissuade many. That could change.
  In Albany, Governor David Paterson has signed off on a number of bills that passed the assembly and the state senate, but the one of most interest for those at risk for workplace safety incidents is a law that will increase civil and criminal penalties for employers convicted of committing workers' compensation fraud by mis-classifying or underreporting employment.
  Most commonly seen in the construction trades where day laborers aren't accounted for, but those caught doing so face fines of between $2,500 and $25,000. Some employers could even face time in jail for workers' comp fraud after multiple offenses.
  It's an update in an industry already recognized by lawmakers for its potential dangers: construction workers have access to additional compensation if they receive a workplace injury due to faulty scaffolding. And with the rapid growth of crane accidents and other construction site issues, ensuring that construction workers have access to workers' compensation benefits if they are hurt could reduce costs for employers and employees alike.
  To learn more about the workers' compensation benefit process, or for assistance in filling out an application, contact the legal team at Markhoff & Mittman, P.C. today.
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• Muslim Cab Driver Gets Workers' Comp Benefits, Awaits Next Step
  Aug 30, 2010
  The cab-driving victim of a brutal stabbing is receiving New York State workers' compensation benefits for a majority of his salary as he and his family research their options of what to do next.
  Ahmed Sharif received a gash in his neck after a camera man with ties to liberal organizations reportedly asked about his religion and then attempted to slit his throat. Mr. Sharif, a Muslim, was clearly the victim of workplace violence because he is a taxi driver and it occurred in the vehicle.
  But Mr. Sharif is facing a problem that affects many seeking workers' compensation benefits. The injuries he received make it impossible for him to return to work, yet he is only receiving $30,000, or two-thirds of his normal salary. Because he doesn't receive health insurance or other benefits, that is his sole source of income currently.
  While he was the victim of a unique attack related to political tensions, the statistics indicate that workplace violence is a common cause of workers' compensation cases in New York and throughout the United States.
  The media attention may have helped to solidify Mr. Sharif's claims that he was eligible for workers' compensation benefits, but other employees have not been so lucky and seen their workers' comp benefits claims denied. It is possible to reverse these decisions, but the workers' compensation appeals process can be complicated for those without the aid of front page coverage.
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• Small business owner in New York accused of workers comp fraud
  Aug 27, 2010

  A New York State pizzeria owner is in hot water with the New York State Insurance Fund over accusations of NY workers’ comp fraud.  The small business, Nando’s Restaurant, is located in Johnson City.

   

  Owner Claudio Carpentieri, 50, was arrested by Johnson City police on charges of workers’ compensation fraud and on charges of offering a false instrument for filing.  Carpentieri ended up in trouble after he allegedly paid three of his employees “off the books” to avoid paying for their workers’ comp insurance.

   

  Carpentieri actually submitted paperwork to the New York State Workers’ Compensation Board claiming that he did not have any employees, and therefore did not owe any money for workers’ comp insurance premiums.

   

  Unfortunately for Carpentieri, New York is cracking down on workers’ comp insurance fraud.  Investigators from the Frauds Bureau and the Office of the Fraud Inspector General did a little detective work and discovered that Carpentieri actually employed two people inside Nando’s Restaurant and one delivery driver.

   

  The owner’s defense was that the “employees” were actually his children, not “real” employees.  Carpentieri faces a hearing for the charges against him on September 1, 2010.  If he is found guilty, he could spend as much as four years behind bars.

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• Fishy Slip And Falls And Workers' Compensation Premium Increases
  Aug 27, 2010
  Workers on a shop or manufacturing equipment floor understand the possibility of leaked lubricant and the likelihood of falls, but in New York, workers' compensation claims could be made more difficult by two developments.
  The first is a study released by the industry-related National Insurance Crime Bureau, finding that slip and fall cases in New York City may have been made with questionable intentions, including those for workers' compensation benefits claims. New York City joins Las Vegas, Chicago and Philadelphia among the top metropolitan areas.
  Any increased likelihood for fraud will make insurance companies even more leary of paying off workers' compensation claims, and as we've already discussed, they are more profitable if they can deny a workers' comp claim.
  The other development is that due to businesses taking a hit on employment, the insurers are becoming more selective in who they underwrite. This can make it difficult for a growing company or a new one to effectively find workers' compensation insurance from a reputable company. Even if a company is required to, this extra difficulty can add hassles that may not bode well for workers if they need to make a future workers' comp claim.
  If you need help making your way through the tricky world of workers' compensation benefits applications, consider contacting Markhoff & Mittman, P.C., today for a consultation.
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• New NY workers compensation treatment guidelines published
  Aug 25, 2010

  New guidelines that affect workers with knee, shoulder, neck or back injuries have been published by the New York State Workers’ Compensation Board.

   

  The guidelines were updated to improve the quality and speed of medical care that injured workers receive, eliminate or reduce harmful treatments, and cut down on legal and friction costs.  They’re also intended to be a cost-saving method, as some medical treatments labeled as “ineffective” or “unnecessary” (and therefore a waste of money) will not be allowed.

   

  To cut down on the time it takes to get treatment, injured workers who need a treatment or test that is listed in the guidelines will be able to get it right away – no waiting for authorization.  These pre-authorized treatments should both save money and get medical care to injured workers faster.

   

  This is all well and good, but there is bound to be disagreement about medical treatment that is considered “ineffective” or “unnecessary”.  Whenever a centralized group of experts effectively makes medical decisions for injured workers like this, it takes away from their doctor’s right to do what he thinks is best for his patient.

   

  If you find yourself unable to get the medical care you need after an on-the-job injury, there is hope.  Our skilled and compassionate New York workplace accident attorneys have dealt with a wide variety of workers’ comp cases over the years, and we can help you, too.  Please call us right away, even if you just want to ask a few questions – we want to help.

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• Woman Could Lose Left Arm After Packaging Machine Accident
  Aug 25, 2010
  Authorities haven't released much information about a 37-year-old woman who may have lost part of her arm in a packaging machine incident in Suffolk County.
  Other employees heard her screams and called the police around 3 p.m. on August 22, leading to emergency transport to Nassau University Medical Center. As doctors attempt to re-attach the limb, inspectors from the Occupational Safety and Health Administration and police are investigating any potential workplace safety issues.
  Whether they find that the incident happened as a result of a machine malfunction or because of some action by the employer, Ms. Beatriz Blas could be eligible for workers' compensation benefits as a result of operating the machine as part of her daily duties.
  The investigators are also likely to be comparing the conditions at Brand Packaging Group, located on Price Parkway, to the list of OSHA workplace rights to verify whether or not Ms. Blas and other BPG employees were operating in unsafe conditions.
  To learn more about how the New York State Workers' Compensation benefits application process works or to find help with your own claim, contact Markhoff & Mittman, P.C. today for a consultation.
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• Pizzerias Can't Play Under The Table On Workers' Compensation
  Aug 24, 2010
  Keeping workers off the records isn't going away, at least not if the newest district attorney's release about workers' compensation fraud is to be believed.
  A small pizzeria in Johnson City, near route I-80 and the Pennsylvania border, had three employees working for the owner, but none of them had valid employment records. The owner was arrested and charged with workers' compensation benefits fraud by failing to record the proper information with the New York State Workers' Compensation Board. He faces up to four years in prison, a warning to other employers in New York considering taking people off the books.
  It's a shame because the board recently released new medical guidelines that could really improve how workers' compensation benefits recipients get medical care. For example, more procedures and diagnostics tests will be available without prior authorization, meaning less paperwork and hassle.
  You should start with the current guidelines on how to get medical treatment that will be authorized by the workers' compensation board to start, especially if you've been hurt recently. Otherwise, you could face a difficult battle when trying to receive workers' compensation benefits, as we've outlined in recent articles on the topic.
  If you're curious about how the new guidelines may affect you, or simply want help exploring the workers' compensation application process, contact us at Markhoff & Mittman, P.C., to schedule a consultation and learn more about how to get the benefits you may need and help to get back on the job.
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• Woman Cuts Workers' Compensation Insurance To Save, Gets Caught
  Aug 23, 2010
  Employer workers' compensation fraud is something we've written about extensively, but thanks to the economic climate it seems like we'll never run out of stories to highlight just how common the problem is throughout the country.
  In California, a woman owning a sewing center in Monterey County was charged with failure to pay workers' compensation benefits insurance for her workers and fudging her payroll records to save some money. The District Attorney's office there reported that she immediately plead guilty and was ordered on probation and to pay thousands to the state workers' compensation fraud account.
  The problem is that while the district attorney's office in every county tries to combat workers' compensation fraud by employers, sometimes it takes employees to help them out. It's why we've compiled a list of warnings that your employers may not be paying workers' comp insurance premiums, leaving you at risk.
  While we recognize that the same economic climate that makes it difficult for employers to pay the bills may make it somewhat frightening to report these claims, it does no one any good to not report injuries as is common according to the Government Accountability Office. You have the right to work in a safe environment and not have to worry about whether your employer is doing the right thing.
  If you have been hurt or injured on the job, you may be curious how you can file a workers' compensation claim. Contact us here for a free consultation about the process.
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• Workplace Fatalities Data Show Danger Of Vehicles
  Aug 20, 2010
  The good news about workplace safety trumpeted by the Bureau of Labor Statistics is that construction-related fatalities in New York state dropped and that injuries have been falling. This may be good for employers who are looking for lower workers' compensation insurance premiums.
  But for employees who still have their jobs in the face of one of the country's greatest recessions, another piece of data: the likely growth of workers' compensation cases due to vehicle injuries. It remains at the top of leading causes of workplace fatalities in national estimates, with only one in five happening on interstates.
  It's important to know what potential workplace risks could lead to you getting injured and needing to apply for New York workers' compensation benefits. We have a handy list of sample situations at Markhoff & Mittman, P.C. to help you understand the difference between a winnable case and oen that could be more difficult.
  We also have information about telling the difference between getting sick or injured on the job in New York and what isn't considered to be part of your normal work activities. It's important to recognize that evidence of workplace illness or injury can be critical to establishing a claim for benefits.
  While many construction workers and vehicle operators could be happy to simply have a job, it doesn't mean that workplace safety should go out the window. Make sure that you stay safe, and if you happen to be injured that you know what to do next. If you need help applying for New York state workers' compensation benefits, consider contacting Markhoff & Mittman, P.C. today.
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