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Companies and Employees Gain Advantages from Workman's Compensation Regulations

By: James Quinones


A laborer who is involved in an accident that takes off his arm while he's on a job will receive the maximum benefits available from worker's compensation. This translates to a weekly rate of approximately $400 for the maximum time allotted of 312 weeks in the State of New York. However, an employee who is diagnosed with a permanent spinal injury is entitled to compensation on a weekly basis until his death.

The different payment schemes between permanent and non-permanent injuries came about in 1914 when the legislature passed a statute designed to control workers compensation payments. While quite a few injuries and such were covered by the new law that was formed, not all were included.

If the worker's loss was of a limb or of auditory ability, the law details the period of time that benefits can be collected. However, for other disabilities that aren't mentioned within the law, whether they are partial or permanent, benefits will be paid indefinitely. Included in that list are mental stress and back pain.

The current compensation plan gives thirteen percent of all cases seventy percent of all benefit dollars. Premier workers comp in New York is 72% over the national average. Both local businesses and governments have been subjected to the loss of income caused by these high premiums.

By the same token, the highest level of weekly claim payout in New York State is far lower than that of neighboring states. Local New York governments have taken note of these disparities and have begun developing plans to address the issues. Other states are upping their top benefits to $685 a week.

At one time, Texas, as an example, was notorious for having a broken down system. Since then, Texas made alteration to the system they used. Texas has more injured workers than any other state, and the 3rd most expensive cost for workers comp coverage.

An additional crisis was the scarcity of physicians to evaluate these injuries. The government responded by revising the law to create new physician networks and provide a small boost in benefits paid to injured workers. Today, Texas' brand new worker' comp law is one of the best ones in America.

New York is still struggling to find a way to fix their embattled system, with new ideas being discussed such as time limits for permanent-partial benefits up to 10 years instead of indefinitely. Also on the table is the consideration of increasing the top weekly payout by 25 percent. With these two changes enacted, premium expenses can ultimately be reduced by 15%.

Many people are hoping that the benefits will be increased even more with the advent of new suggestions and ideas. An essential part of solving the problems with compensation benefits is to find some sort of middle ground. This should also remedy the quandry of incurable spinal problems that are permanent payouts.

California has already enacted similar reforms of its own workers compensation laws. Californians were able to place the reform question on the ballot after a massive signature drive. The strong support from the public caused action from lawmakers as well.

In order to reach workers compensation reform within New York without options for a petition drive, the key is to force leaders in the legislation to take action. It's also extremely vital that the local legislators step forward and make sure their leaders are aware of the importance this item is for businesses that are struggling and overloaded local governments.

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