What is Trial Return To Work In New York

Interview with Attorney Ted Ronca, on Long Island, New York… Question: Attorney Ronca, you have mentioned "trial work" several times. I use the term "modified work" or "transitional work" … is it the same thing, or are we talking about something different? Answer: Trial work" is a term I borrowed from Social Security which refers to any work done following a period of disability which attempts to establish a person's suitability for work tasks in what are really a series of controlled tests. Since there is no formal requirement in the workers' comp laws that this be done, no uniform terminology or methodology has arisen in NY. The impact on a comp claim has never been tested in NY decisions. Everyone, employer, union and the Board, wants to preserve flexibility. This is to preserve the status of these programs as bargaining chips in contract negotiations. The major players don't want this codified as it gives something to a large number of people who are not part of unions and these programs make little sense to smaller employers and would devastate many of them. This is why I stress the importance of face-to-face talks before anything is put in writing. If employers must have a uniform written offer for all comp claims it simply would not work. Any union rep will tell you, off the record, the number of "jealousy" complaints they get when a worker feels someone else received something they want. If these things are in writing for all to see they become the bare minimum and everyone expects a little something extra. That's why we customize each letter. The unions understand this and will happily work with a flexible system that produces results. 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. WC Cost Calculator www.ReduceYourWorkersComp.com/calculator.php REAL COST of work comp. WC 101 www.ReduceYourWorkersComp.com/workers_comp.php for the basics about workers comp. 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. ©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com