Got Insurance? What You Need to Know if You Are An Uninsured Employer in New Jersey

Under New Jersey law, every corporation, limited partnership, as well as any employer required by law to submit an annual report, must provide valid proof of workers’ compensation coverage as part of its annual report. There are two ways that an employer can demonstrate valid proof of workers’ compensation coverage. An employer can either show proof of having coverage with an insurance carrier or by being self-insured. A self-insured employer must provide documentation by way of a current order from the Commissioner of Banking and …

Continue Reading

Minor Issues When A Minor Gets Injured At Work

While not very common, if a minor is hired and then injured on the job, the trajectory of this particular compensation claim will be slightly different than the typical workers’ compensation claim. The most significant difference is that a penalty will be imposed against the employer if the employment of the minor is found to be illegal by the Workers’ Compensation Board.

Workers’ Compensation Law Section 14-a governs compensation issues when illegal employment of a minor is found. If, at the time of the accident, …

Continue Reading

Podcast: Trucking Workers’ Compensation Claims

Ben Greenberg, a partner in our Raleigh office, joins the show to discuss how trucking companies and insurance carriers can effectively prepare for workers’ compensation claims. Ben first explains how an aging truck driver population and commercial driver shortage have resulted in an increase in significant workers’ compensation claims in the trucking industry. He then addresses important proactive measures, such as telematics and forward-facing fleet cameras, companies can take to avoid common traps in the claims process. Ben concludes with tips on fortifying post-claim investigations.…

Continue Reading

Changes to Workers’ Compensation Benefits for First Responders in Florida

Florida Statute 112.18, commonly referred to as the “Heart/Lung Bill,” offers added legal protection for police, fireman and correctional officers who suffer from heart disease, high blood pressure, or tuberculosis. This is codified in Section 112.18(1)(a), which specifically states that:

Any condition or impairment of health of any Florida state, municipal, county, port authority, special tax district, or fire control district firefighter or any law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), or (3) caused by tuberculosis, heart

Continue Reading

Podcast: Hidden Costs of New York Workers’ Comp Reforms

Todd Jones, a partner in our Garden City office, recently appeared on Goldberg Segalla’s Timely Notice podcast to discuss the hidden costs of New York’s 2017 overhaul of its workers’ compensation system. Todd begins by illustrating how previous changes to the system resulted in exorbitant indemnity costs for employers. Todd notes how the recent reforms were intended to remedy this issue. He gives his prediction on a recent change that will result in progress toward reducing unnecessary costs for employers. However, as Todd explains, the …

Continue Reading

Untimely Notice of Controversy or Pre-Hearing Conference Statement? Why Carriers Should Not Give Up Hope on a Disallowance

Where a carrier has elected to controvert a claim, the Workers’ Compensation Law in New York sets forth a strict timeframe for filing a denial and initial pleadings. Section 25(2)(b) provides that once a claim has been indexed against an employer, the carrier must file a notice of controversy with the Chair within 25 days. Failure to file the notice of controversy within the prescribed 25-day time limit shall bar the employer and its insurance carrier from asserting multiple defenses, including that the claimant was …

Continue Reading

Practice Tips for Securing the Mandatory and Discretionary Penalties under WCL Section 114(a)

Once a claim has been established, there are numerous defenses a carrier may raise to limit exposure in situations where the claimant has not returned to work. One of these defenses can be found under Section 114(a) of the Workers’ Compensation Law. The applicable case law reads:

 “If for the purpose of obtaining compensation . . . a claimant knowingly makes a false statement or representation as to a material fact, such person shall be disqualified from receiving any compensation directly attributable to such false

Continue Reading

Is Failure to Provide Written Notice to an Employer Still a Viable Defense? Of Course it Is!

One of the more seemingly futile defenses to a workers’ compensation claim is the defense originating from Section 18 of the Workers’ Compensation Law requiring a claimant to provide written notice to the employer within 30 days of an incident. The statute itself provides that late notice can be excused, provided the employer had actual notice or if the employer did not suffer any prejudice for the late notice. In many cases, the WCB has excused late notice to the employer in one way or …

Continue Reading

Compensability of Stress Claims Based On Workplace Harassment

One of the more frustrating areas of Workers’ Compensation law is stress claims. Often, the extent of a claimant’s disability is based solely on their subjective complaints because there is no apparent physical disability. Doctors are sympathetic to their patients and readily determine that their work environment is the source of their stress. This can be difficult to defend against, especially when the evidence suggests that the claim arises from a simple disagreement between coworkers or a harsh reprimand from a supervisor. It is important …

Continue Reading

The C-3: Often Overlooked as a Major Tool for Important Defenses

Oftentimes the C‑3 is overlooked as a possible tool to use against the claimant, but there are a few ways the C‑3 can be used to bolster a few major defenses, including violation of Workers’ Compensation Law Section 114(a).

First, a C‑3 can be used during the initial investigation of the file. If at the time of the initial investigation of the claim, a C-3 has not yet been submitted, it is recommended that a recorded statement of the claimant be obtained detailing the specifics …

Continue Reading