In this video, “Understanding Verbal Threshold in New Jersey,” Christopher Major, Civil Practice Team Leader at Lois Law Firm, discusses what happens when the plaintiff and tortfeasor in a civil action attempt to resolve their case by settlement without the consent of the workers’ compensation carrier in New York. This video is from a live presentation on March 9, 2020.
Major discusses the following:
What are the rights of the workers’ compensation carrier under Section 29 to the proceeds of a third-party lawsuit?
What happens when the parties to the civil action do not obtain consent to settlement.
The remedy available to the third parties when the workers’ compensation carrier refuses to consent to a settlement.
How recent case decisions will impact the practice in 2020.
To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).
As has been widely publicized, in April the New York State Senate passed a $153 billion state budget for 2017-2018 which included numerous reforms and changes to the state’s Workers’ Compensation laws.
New York Workers’ Compensation Law §110 states that an accident must be reported when it:
“will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid.”
In order to be reportable, the injury must:
Cause the worker to lose one day of work in addition to the date of loss; OR
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]
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
In a previous post, we discussed the process of Loss Transfer and specifically why it matters to Workers’ Compensation carriers. In connection with the Workers’ Compensation aspect, a workers’ compensation carrier can recover up to $50,000.00 by way of arbitration in a Loss Transfer claim through the Arbitration Forums. However, this does not mean that you can simply assert a right to $50,000.00 against another insurance company and think this is enough. Indeed, when arbitrated, liability still has to be proven as well as damages. Continue reading Limits to Recovery in a New York Loss Transfer Claim.→