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April 2016 Archives

Employee or independent contractor? It matters under workers compensation law, P.2

Last time, we began speaking about the issue of worker classification—and misclassification—and the impact this can have on entitlement to workers’ compensation benefits. As we noted, businesses are not required to provide workers’ compensation benefits to independent contractors, and a worker who is misclassified as an independent contractors needs to defend his or her rights when this happens.

Employee or independent contractor? It matters under workers compensation law, P.1

One issue that can come up from time to time in workers’ compensation disputes is employee classification. Companies, especially larger ones, have all kinds of people working for them in different capacities and under different contracts. One basic distinction among workers is employees versus independent contractors.

Evacuation of unstable building shows some of the dangers construction workers face

Nine buildings in the Bronx had to be evacuated on April 21 because a building under construction became unstable. The building is on Southern Boulevard near Freeman Street. The MTA suspended train services in the area as well.

Arbitration agreements in workers’ compensation disputes

Last time, we briefly mentioned a New York Supreme Court Case in which it was ruled that several employers were bound by compulsory arbitration agreements they had signed, which were in turn governed by the Federal Arbitration Act. As we noted, arbitration is sometimes used in the workers’ compensation process here in New York to resolve disputes.

Why do you need a workers' compensation lawyer?

Many people think they can get workers' compensation benefits on their own. This is rarely the case, however. Workers' compensation claims are often denied or undervalued. Individuals typically do not have the resources to fight their employer and its insurance carrier.

Arbitration agreements in workers’ compensation disputes

Contractually mandated arbitration is a commonplace in the business world, including the insurance industry. Insurance companies in many areas of the industry, including workers’ compensation insurance, are increasingly making use of compulsory arbitration agreements to help ensure a more efficient resolution of disputes than would be possible through the adversarial process.

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