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Potential workers' compensation issues

Workers' compensation provides injured workers with the resources they may need in the event that they are injured on the job. Employees in New York and the rest of the nation may benefit from knowing about workers' compensation issues that may arise due to the recent presidential election and upcoming gubernatorial elections.

A recommendation that was made last year by the United States Department of Labor for an overhaul of the workers' compensation system may be placed on hold. Any repeal or replacement of the Affordable Care Act is likely to have an impact on workers' compensation. An initiative of the Occupational Safety and Health Administration that directed resources for workplace safety toward enforcement rather than education might also be affected.

There was also an uptick in enforcement under the Americans with Disabilities Act and the Family and Medical Leave act under the previous administration. Employers began outsourcing their leave of absence and ADA administration to third parties. Workplace accommodations under the ADA are becoming more complicated, and paid parental leave will likely be a highly contested issue in 2017.

An underwriting profit occurred for the workers' compensation industry in 2013, which resulted in more competition and lower rates. The resulting negative outlook that is expected for 2017 and developments like the 20 percent rate increase in Florida that was recommended by the National Council on Compensation Insurance due to changes in the law regarding existing claims may prompt workers' compensation carriers to begin exiting the marketplace.

Individuals who have been hurt in the course of performing their work duties may want to speak with a personal injury attorney. The lawyer could help the client apply for workers' compensation or appeal any claims that have been denied.

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  • Braunfotel & Frendel LLC
    49 Maple Avenue
    New City, New York 10956

    Toll Free: 888-787-5668
    Phone: 845-521-7835
    Fax: 845-634-7710
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