Category: Blog Post

Workers’ compensation defense strategies are crafted based on a combination of applicable case law, statute and the facts of a particular claim. In New York, an employer or insurance carrier may challenge whether an injury arose out of the course of employment, whether the worker is a covered employee, if required notice...

New York’s Health Insurance Matching Program (HIMP) allows health insurers and health benefit plans to seek reimbursement when they pay medical expenses that should have been covered through a patient’s workers’ compensation claim. When a workers’ compensation carrier or self-insured employer receives a HIMP reimbursement request, it must determine whether the request...

When a workers’ compensation claimant pursues an additional lawsuit against a negligent third party for injuries arising out of the same accident, the workers’ compensation carrier's exposure can be affected significantly. The claimant’s recovery from a third party can mitigate the carrier’s overall exposure, but only if the lien, offset, and consent...

Allegations of retaliation arising from a workers' compensation claim can create significant exposure for employers, even when the underlying claim lacks merit. In New York, Workers' Compensation Law (WCL) § 120 prohibits employers from discharging, refusing to reinstate, or otherwise discriminating against an employee because the employee filed, attempted to file, or...