Monday, November 28, 2016

WORKERS’COMP:BIG BUSINESS, NASTY POLITICS

 First, let’s clarify that it’s not called Workman’s Comp. It’s Workers’ Comp. Workers’ Comp is big business. Huge political battles continually erupt in the state of New York because employers constantly try to propose and enact changes to curtail worker benefits. All of this goes on behind the scenes. The fight between labor and business is carried on between the governor, the legislature, workers’ groups, labor unions, and the Business Council with little publicity. Most workers have no idea what really goes on, and often what goes on is a push by the Business Council to cut Workers’ Comp benefits statewide. And labor unions trying to push back. Most people couldn’t care less about the Workers’ Compensation system and whether the law is changed to reduce benefits to injured workers, until such changes affect them directly.

W O R K E R S ’ COMPENSATION BOARD

Most people in New York don’t realize that theWorkers’ Compensation Board even exists. For attorneys like myself, the Board is where we make spend our time.  It’s where I go almost every day to represent injured workers. Its headquarters are in Schenectady but the Board maintains district regional offices across New York.  Like the insights I am sharing?  

This post was first posted on Wordpress Blog


Monday, November 21, 2016

ACRONYMS AND TERMINOLOGY (ALPHABET SOUP)

 If you attend a hearing at the Workers’ Compensation Board
and listen to the attorneys speak to each other and to the judge,
you might think they may as well be speaking in Swahili or
Japanese. This is because attorneys who practice Workers’
Compensation use a legal language to talk about cases. They
speak in acronyms, or letters that represent phrases.
Take a look at this common one: “RFA-2 granted; no CCP due
to FTP; NFA.” This means that the carrier requested a hearing
(RFA-2;). At this hearing the judge decided to stop the claimant’s
weekly checks (no CCP) because the claimant didn’t appear at
the hearing (FTP) and there are no further hearings scheduled
at this time (NFA.)

All I can say about this is that if you don’t understand a particular
abbreviation or acronym, you simply need to speak up and ask
what it means.

I have included a short, but not complete, list of common

abbreviations and acronyms and the terms they stand for.

Monday, November 14, 2016

Understanding Workers' Compensation


• I have to be out of work to receive Workers’ Comp.
• I probably will be fired if I file for Workers’ Comp.
• I am suing my employer if I file for Workers’ Comp.
• I can’t file if I only work part time.
• I can’t file if I am working off the books.
• I can’t file if I am not a citizen or have immigration issues.

Generally, none of the above statements are true.

“ Very few understand all of the varied benefits that they are entitled to under the Workers’ Compensation system. ” Workers’ Comp in New York is a big, messy, confusing system. It is not, in my opinion, user friendly. My goal is to cut the system down into useable chunks that you can use when you need