All posts by Lois LLC

Defending Employers in New York, New Jersey, and Longshore.

Defining “Similar Worker” In New York.

IMGP0281As per NY Workers’ Compensation Law § 14(1), a “claimant’s average daily wage is used in determining his or her annual average wage only when such claimant has worked in the same job for substantially all of the year preceding his or her injury.”

So what happens when the employee has worked for less than 52 weeks or if it is a brand new company? Let’s explore. Continue reading Defining “Similar Worker” In New York.

Post-Webinar Video: Temporary Disability in New York

Here is the post-webinar video from our most recent presentation, “Should I Pay Temporary Disability Benefits?” from our New York webinar training series. The complete archive of prior presentations is here.

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Click here to register.

Subject: New York, Workers’ Compensation Law, Indemnity Benefits, Temporary Disability
Date Presented: July 18, 2016
Presenter(s): Tashia Rasul, Esq., and Rachel Aronov, Esq.
Run time: 28:04

Rachel Aronov, Tashia Rasul, and Greg Lois present webinar on July 18, 2016.
Rachel Aronov, Tashia Rasul, and Greg Lois present webinar on July 18, 2016.

Continue reading Post-Webinar Video: Temporary Disability in New York

Evaluating the Potential Exposure of a Workers’ Compensation Claim In New York

Workers’ Compensation insurance provides cash benefits and medical care for workers who are injured or become ill as a direct result of their job.  Medical benefits include medical treatment provided, under the Workers’ Compensation Law, to injured workers as a result of injuries arising out of and in the course of employment.  Indemnity benefits is compensation paid to the  claimant for non-medical loss resulting from an injury or illness.

To calculate the possible exposure of the claim, both the indemnity

Tatyana Redko
Tatyana Redko, Esq.

and medical benefits should be considered.  The medical benefits based on the medical treatment provided.  The medical treatment can vary from conservative treatment to invasive surgery.  The cost of the medical care depends on the type of care provided. The amount of indemnity benefits a claimant will be entitled to can be calculated by relying on the medical opinions of the treating physician and the independent medical examiner. Continue reading Evaluating the Potential Exposure of a Workers’ Compensation Claim In New York

Penalties Under New York Workers’ Compensation Law Section 52

In New York, all employers are required to carry Workers’ Compensation insurance. This includes employers with less than five employees. Workers’ Compensation Law imposes heavy penalties against the employer for failure to obtain insurance as well as for defrauding the insurance carrier. [See WCL Section 52]

The Law.

Penalties are assessed against the employer for misclassifying and concealing employees. The law specifically includes employer’s actions of intentionally and materially understating or concealing payroll, concealing duties to avoid proper classification or

Tatyana Redko
Tatyana Redko, Esq.

concealing any other information pertinent to the calculation of premiums. Section 52 covers misrepresentations such as paying workers “off the books,” not reporting wages paid to illegal aliens and misclassifying employees as “independent contractors” in an attempt to pay a lower premium. Continue reading Penalties Under New York Workers’ Compensation Law Section 52

Rasul Elevated to Partner

We are proud to announce that defense litigator Tashia Rasul has been elevated to partner at Lois LLC effective today. In addition to her trial practice, Tashia leads the Firm’s Diversity Committee. Tashia is active in the National Alliance of Women in Workers’ Compensation, a think tank of engaged female thought leaders committed to discussing challenges and emerging trends in the Workers’ Compensation industry.

Tashia has been an integral part of the growth and development of Lois LLC, as we expand our attorney capacity to serve our clients. We are committed to meeting our client’s needs and developing and promoting the best workers’ compensation defense litigators.

New York’s Benefit Rate Increases Today.

New Rate.

For workers’ compensation claims with dates of accident or dates of disablement during the period from July 1, 2016 through June 30, 2017, the maximum weekly benefit rate will be $864.32. This is an increase from the old rate which was set at $844.29.

How is the Maximum rate Calculated?

Since July 1, 2010, the maximum weekly benefit rate for workers’ compensation claimants has been two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor (Workers’ Compensation Law §§ 2(16);15(6)). The Department of LaborLink to External Website reported to the Superintendent of the Department of Financial Services that the New York State average weekly wage for 2015 was $1,296.48. Continue reading New York’s Benefit Rate Increases Today.