How Does it Work? Incarceration and Workers’ Compensation Benefits

The incarceration of a claimant receiving workers’ compensation benefits can be used as a defense to payment of indemnity benefits based on two similar, but distinct, arguments.

In general, where the carrier has been directed to pay workers compensation indemnity benefits by the New York Workers’ Compensation Board, the carrier may only suspend indemnity benefits unilaterally (without a new direction from the board) in certain circumstances. Per 12 NYCRR Section 300.23(b)(3)(iv), the carrier is allowed to suspend with proof of the claimant’s incarceration upon conviction …

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Know Your Client’s Special Preferences

For controverted workers’ compensation claims in New York, the issue of general versus special employment can be raised by your client as a defense to liability. The issue of general versus special employment usually arises in circumstances when the claimant is hired and paid by one employer but works at the location and under the direction of another employer. For instance, a claimant who works for a temporary staffing agency and is placed at assignments with several employers and is then injured at the site …

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