Header graphic for print
The New York Disability Law Blog Information and Help for Disabled Individuals with Workers' Compensation, Social Security Disability and Construction Accident Claims

Tag Archives: NY Workers Compensation Law

Who is an “Employee” Under Workers’ Compensation Law?

Posted in NY Workers Compensation Claims, Uncategorized

The New York State Workers’ Compensation Board (WCB) has specific guidelines which are used to determine who is considered an employee under New York State Workers’ Compensation Law (WCL). Under this law, all “employees” must be covered under a workers’ compensation insurance policy by his or her employer in order to be protected and receive… Continue Reading

What is the NY Workers’ Comp Claims Process?

Posted in Construction Accidents, NY Workers Compensation Claims, Uncategorized

Most people don’t go into work and say “I think I will get injured today. Yeah that’s what I’ll do! At two thirty, I’ll be the victim of a horrible accident and spend months or even years undergoing a grueling and expensive recovery process“.   As such, many people are not prepared when serious work accidents… Continue Reading

Big Day in New York Workers’ Compensation Law! Court of Appeals Decides Aggregate Trust Fund Deposit Case of Raynor v. Landmark Chrysler in Ruling Against Insurance Carriers

Posted in NY Workers Compensation Claims, Social Security Disability

Raynor v. Landmark Chrysler, the New York State Court of Appeals affirmed a lower appellate court ruling upholding provisions requiring private workers’ compensation insurance carriers to make mandatory Aggregate Trust Fund (ATF) deposits for claimants classified as permanently partially disabled (PPD) and injured both before and after March 13, 2007. Upon the worker being classified PPD, the private insurance carrier is obligated to deposit the present value sum of future indemnity payments into the Aggregate Trust Fund (ATF). In many cases, such deposits will be in the hundreds of thousands of dollars. This is a private workers’ compensation insurance company’s worst nightmare. Practically, just the threat of a potential PPD classification should cause insurance companies to pull out their settlement checkbooks and pens. And this was the intention of the 2007 New York Workers’ Compensation Reform legislation The fairness of settlement offers will be based upon the ATF’s present value discount tables and Board Bulletin 222-B. if you have questions about the fairness of your Section 32 workers compensation settlement offer, please contact Troy Rosasco at x123 for a Free Evaluation of your claim