Workers’ compensation authority NY, Attorney Theodore Ronca, offers suggestions about layoff planning, and emphasizes whether for a business or an individual, planning is somber but necessary. Following, and often prior to, economic layoffs the dismissed workers will rethink sources of income to tide them over. The first and second sources are unemployment benefits and part time jobs. Many, however, will consider reopening a workers compensation claim or filing a new claim. In any large enough group of workers, this will become a certainty. Therefore, planning for such claims is essential, not optional.
The first rule is to NOT make the first mistake.
Do not assume all new claims after a layoff is announced or known to be coming are unworthy or fraudulent. In fact, whatever their merits, they are a predictable reaction to anxiety. Therefore, focus planning on learning how to identify meritorious claims and seeing that they are paid as quickly as possible. Following that, turn your attention to claims that are not properly part of workers’ compensation. Realize that some valid claims will be uncovered as a result many people — many of whom are part of an aging workforce — now being out of work.
Claims that show signs of being driven by economic need rather than disability may have the following characteristics:
- The claim is filedfollowing exhaustion of non-injury benefits, such as a UI claim.
2. The reporting of such claim is untimely, anomalous, unusual, or irregular. The claim was never reported or witnessed on the day in which it was alleged to have occurred.
3. Medical evidence begins not when treatment would have been expected but when knowledge of impending economic hardship is received.
4. Inquiries for other sources of income are made prior to filing of the claim but without reference to any injury.
Tip: The above will serve to distinguish claims that should receive special scrutiny but only if an intelligent search is made for relevant contemporaneous documents. Documents, not testimony, are the best evidence.
Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
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Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
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