This is the PDF (Adobe Acrobat) version of “New York Workers’ Compensation Law – 2020 Edition” by Gregory Lois. This is the most practical, up-to-date and easy-to-understand guide to New Jersey workers’ compensation claims available. This book is designed for employers, attorneys, claims adjusters, physicians, self-insured employers and vocational rehabilitation workers. This guide is written in plain English by a New Jersey attorney and provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions; and a full description of current practice and procedure. This book provides a behind-the-scenes look at the complicated issues and makes the law understandable for business owners.
A comprehensive description of what was updated since the last edition and complete chapter list is here.
Every workers’ compensation defense attorney worth their salt is well familiar with the standard tactics for pushing claims toward resolution and mitigating exposure. There are a finite number of tools at the carrier’s disposal:
denying claims and raising defenses;
conducting a proper investigation (site inspections, security camera video, witness statements, background checks, employee personnel files, social media usage reports, ISO claim searches, police reports and FOIL requests, etc.) and surveillance of the injured worker;
obtaining independent medical examinations (“IME”) and functional capacity evaluations (“FCE”) for issues such as need for treatment and medical necessity, temporary disability, work capacity and restrictions, permanent disability, etc.;
litigating claims (injured worker and witness testimony, depositions of doctors, appeals and summations, discovery and disclosure including subpoenas and interrogatories, etc.); and
pushing prompt settlement to cut off ongoing exposure.
However, there is one area of insurance defense that a startling number of trial attorneys demonstrate a lack of familiarity with: risk transfer.