Proposals to change the way workers compensation insurance works in New York have received public opposition from both houses of the legislature and important state employee unions.
The New York State Workers’ Compensation Board has been working on the changes since it was ordered to do so last spring, but critics claim that the changes are not only detrimental to workers but that the process has been pushed forward without the involvement of stakeholders at all levels.
Assembly Democrats Most Vocal
Most of the state assembly’s Democratic majority signed a letter asking the board to pull the current proposal and restart the process with proper public input. They claim that the Workers’ Compensation Board created the rules prematurely, before working with all stakeholders, as their previous agreement required.
The board’s public response was oddly neutral and implied that they were treating the legislators’ concerns no differently than any other comment letter.
Senate Democrats have voiced similar concerns and have also asked the board to move the process through properly. Their letter to the board urged it to balance the competing interests of workers and businesses and included concerns that the proposals, as written, would weaken protections for injured workers.
Board Says Measures Justified, Unions Also Unhappy
The board says it is simply following the requirements of a law passed in April. Among other things, this law requires modernization of the workers compensation system by the end of the year. One provision is that new regulations take into account advances in medical technology, but a key criticism of the board’s proposals is that they go further than what the law requires.
Unions in the state, which supported many aspects of the reform legislation, have also been against the proposed new rules as written. In September, the state’s AFL-CIO president called some of the changes “an insult to all working men and women.”
Another specific complaint raised by critics is that the new system would reduce workers’ due process rights by limiting what kind of evidence a worker can use, limiting a claimant’s ability to get independent medical evaluations, and allowing the board to summarily deny claims over incomplete paperwork. Some are also against proposals that would create a new cap on impairment limits and would add a worker’s earning capacity into the equation when calculating a loss.
New York City Workers Compensation Lawyer
When you need help with a New York state workers compensation claim, turn to the experienced team at Finkelstein, Meirowitz & Eidlisz, LLP. Our attorneys have helped thousands of clients with their Social Security Disability and workers compensation cases, and we offer all new clients a complimentary consultation to discuss the details of their case. Give us a call today at 212-385-9190 or contact us online via the form below to learn more.