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

Download Best Practices for Dual Jurisdiction Claims

This is the PDF (Adobe Acrobat) version of “Best Practices in Dual Jurisdiction Cases: New York General Liability and Workers’ Compensation. Subtitle: A Practical Protocol for Coordinating Workers’ Compensation and General Liability Defense Counsel in Catastrophic Construction Cases.” By Gregory Lois, Esq.

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Need multiple copies for your team? Contact Greg.

Understanding Jurisdiction Under the Longshore Act

The Longshore and Harbors Workers’ Compensation Act (“LHWCA”) covers longshore/harbor workers and other maritime workers. The Act has also been applied to certain other workers under the Defense Base Act.​

“Status” and “situs.”

The LHWCA set forth the requirements for coverage. “Status” refers to the nature of the work performed; “situs” refers to the place of performance.

Status

The employee claiming benefits under the LHWCA must be engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, including any harbor-worker including a ship repairman, shipbuilder, and ship-breaker. There are specific exclusion which apply to status (see below). Continue reading Understanding Jurisdiction Under the Longshore Act

Overview of Longshore Benefits

The Longshore and Harbor Workers’ Compensation Act provides for medical benefits and disability benefits to an injured worker. An injured employee is entitled to reasonable and necessary medical, surgical, and hospital treatment and other medical supplies and services required by the work-related injury or illness, such as prescription medications, diagnostic tests, physical therapy, prostheses, hearing aids, attendant care, and the cost of travel for such treatment. An injured employee is entitled to select a physician of his/her choice to provide medical treatment for the work injury.

The LHWCA provides for the payment of compensation for the following four types of disability: temporary partial, temporary total, permanent partial, and permanent total. This compensation can not exceed two-thirds of the employee’s average weekly wage during the period of disability, subject to maximums and minimums. 33 U.S.C. § 908 Continue reading Overview of Longshore Benefits

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

Defending Employers