Category Archives: Defenses

Is Income Earned Through Criminal Activity Fraud under Section 114-A?

Joseph MelchionneNew York injured workers are compensated through their employer’s workers’ compensation insurance policies for all lost time and medical treatment that is causally related to their work-related injury. However, an injured worker can be precluded from receiving continuing and prior benefits if he or she acts fraudulently for the purpose of obtaining such benefits.

New York Workers’ Compensation Law (WCL) Section 114-a governs fraud and describes significant penalties for those who are caught committing fraud such as a permanent ban on their eligibility to receive indemnity benefits and/or a permanency award. Continue reading Is Income Earned Through Criminal Activity Fraud under Section 114-A?

Defenses to New York Workers’ Compensation Claims

Workers’ Compensation benefits are analogous to no fault benefits because the employee will be entitled to benefits regardless of whether the employee was negligent in causing the injury or death. By the same token, an employer’s negligence is not considered. Comparative negligence, contributory negligence, or the act of God doctrines are not applicable in determining entitlement to workers’ compensation benefits in New York. Pierce v. Young, 252 N.Y. 520 (1929).

There are some exclusions from compensation. Keep these possible defenses handy when analyzing claims. Continue reading Defenses to New York Workers’ Compensation Claims

Video: The Defense of Non-Employment in New Jersey

Attorneys Karen Vincent and Chris Diaz of the Lois Law Firm present a webinar on the defense of “lack of employment” in New Jersey workers’ compensation claims.

Subject: New Jersey, Workers’ Compensation Law, Second Injury Fund
Date Presented: April 23, 2018
Presenter: Greg Lois and Karen Vincent
Run time: 21:42 Continue reading Video: The Defense of Non-Employment in New Jersey