Disputing Disability Under New York Workers’ Compensation
An injured employee who cannot return to his or her job may not necessary be entitled to continue to receive workers compensation from the employer indefinitely. People who are partially disabled from a workplace accident or injury are still obligated to look for other work.
The workers’ compensation defense lawyers of Walsh and Hacker have successfully challenged disability claims on the basis of voluntarily dropping out of the labor force. Through a combination of methods, we demonstrate that claimants who are able-bodied for many types of work are not taking reasonable steps to re-enter the workforce.
Voluntary Removal From the Labor Market
Walsh and Hacker provides comprehensive representation in workers’ compensation defense in the Capital District, Upstate, the Hudson Valley and statewide New York. On behalf of insurers, third-party administrators and employers, we contest workers’ comp disability claims in New York State Workers’ Compensation Board hearings and appeals, or conduct settlement negotiations to minimize exposure. Call (518) 463-1269 or toll free (866) 240-3041 to arrange a consultation.
A determination of partial disability may prevent a worker from going back to the same job. That does not mean the person cannot work at all. Under New York State workers’ compensation rules, voluntary removal from the labor market is a recognized defense. We have enabled clients to deny or suspend wage and medical benefits by proving that the claimant is not actively seeking work or is engaged in activities that call into question the extent of disability.
Voluntary removal is a common basis for work injury litigation, but it is still an uphill battle for the defense. We use testimony of lay witnesses, medical experts, vocational experts and private investigators to make the case and help our clients avoid large payouts to a person who is able to work.
New York State Workers’ Compensation Attorneys | Disability Claim Defense
We have a very strong record in workers’ comp hearings, appeals and settlements. To discuss your defenses and mitigation strategies, contact our Albany office today.