ALERT: Hearings are at the END of a Claim Not the BEGINNING

Trying to dig out from over litigation for two decades, the New York Workers Comp Board encourages settlements. Not only has the number of settlements grown, but also they carry their own dangers.

The problem with settlements is the parties involved and the Board lose interest in further investigation of facts. Furthermore, it is assumed the employer gets to pay a non-trivial amount, meaning an attorney can rely on settlements as a substitute for proof. In time, “nuisance value” drives the system – and “nuisance” is expensive since it does not need much in the way of fact or reality to sustain it.

The solution is to have a compelling supply of facts in the arsenal – facts which must be obtained as soon as possible. Attitudes formed without facts quickly become set in stone.

A time line of typical New York workers comp claims shows a period of months, not weeks or days, before a carrier begins to obtain evidence which can limit the size of a claim. However, an employer frequently has information of similar utility already at hand and can get it into a Board file within days. (WCxKit)

Prior claims, comp or accident, known to the employer provide valuable knowledge about expectations during settlement talks. A history of a prior major settlement indicates the need for considerably more preparation. A history of a series of minor settlements demonstrates a willingness to return to work quickly.

Prior periods of employment, showing average length of time with employers as well as periods of absence from work, can provide warning of a claim that should not be settled with out in depth investigation.

Employers are not expected to conduct formal investigation, although some have been known to do so with devastating results. Instead, the employer can jump start a proper defense with prompt dissemination of useful info – even if only with a phone call.

Was this carrier interested in what my further investigation might show? Well, “maybe.” Maybe??!!  They are going to settle without knowing a thing about 8 prior claims. We are not even sure they were settled. Some were just dropped. (WCxKit)

In claims, any action based on expedience rather than knowledge never works to the benefit of the person paying.