Unions Push Back Against Proposed Workers Compensation Rules

 New York unions are fighting a set of proposed workers’ compensation regulations, which they claim will cut benefits to injured workers. According to a report in the New York Daily News the Workers’ Compensation Board unveiled the proposed rules earlier this month. These new regulations are expected to drastically reduce payments to workers who have suffered diminished use of an arm or leg. The new rules would also place increased requirements on injured workers to show their future earning capacity would be diminished as well as make it more difficult for workers to contest their awards or compensation.

Injured Workers Severely Affected
These proposed rules are the result of legislation approved by Governor Andrew Cuomo and state lawmakers in April that required the Workers’ Compensation Board to modernize its guidelines to adequately reflect advances in medical technology that can get workers back on the job much faster than before. Officials with the Workers’ Compensation Board say the current guidelines are outdated and don’t reflect current medical science or practice.
The proposed rules are subject to change and the board is still hearing public comments on the matter. However, the board is required to have the new rules in place by Jan. 1. According to statistics, workers’ compensation payments to workers with arm or leg impairments cost employers in the state $1.3 billion in 2015, of which $900 million was paid to workers to return to work within two weeks.
Union leaders pointed out that these regulations will make it more difficult for injured workers to get independent medical examinations to bolster their claims and make it possible for the board to deny claims if the worker refuses to cooperate with an insurance company’s request for an independent medical examination. If these rules go into effect, they may drastically reduce awards for workers who lose the use of a body part and introduce changes to the process that would lead to uncertainty, delay and litigation for injured workers who are probably going through the most difficult times in their lives.
Arm and Leg Injuries
The U.S. Occupational Safety and Health Administration (OSHA) estimates that hundreds of thousands of workers suffer arm and leg injuries and impairments each year on the job. Some of the common injuries to the leg include foot injuries, knee tendonitis, bursitis and loss of limb. Leg and foot injuries can also make it very difficult, if not impossible, to return to the one’s pre-injury employment. Individuals who perform manual labor rely on the use of their legs and feet to perform nearly every aspect of their jobs. Furthermore, many workplaces are not properly equipped for individuals with limited mobility.
Hands are an extremely important part of the body and can be damaged in a matter of seconds, leaving workers permanently disabled. According to the U.S. Bureau of Labor Statistics (BLS), laborers suffer over 8,600 disabling hand injuries each year, accounting for about 18 percent of all disabling injuries. Common hand injuries in the workplace include fractures, nerve damage and loss of limb. Workers may also sustain repetitive stress and strain injuries such as carpal tunnel syndrome, which may prove debilitating.
Protecting Workers’ Rights
In such cases, injured workers can seek workers’ compensation benefits, which helps cover their medical expenses and a portion of lost wages. It would indeed be devastating if these benefits were reduced or taken away at a time when they need it most. Arm and leg injuries have the potential to cause serious effects that may result in chronic pain and long-term or even permanent disability. In many cases, in addition to workers’ compensation benefits, injured employees may be able to file a third-party claim against a party other than the employer or co-employees for significant money damages. Examples of third parties include, but are not limited, to general contractors, sub-contractors, property owners, property managers, etc.
If you or a loved one has been injured in a construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job – one of the highest construction case settlements in New York that year.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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Source: http://www.nydailynews.com/news/politics/n-y-unions-fight-proposed-workers-compensation-rules-article-1.3485562