Is a minor covered by New York’s Workers’ Compensation law? How about undocumented workers? What are the rules for coverage for independent contractors? Attorney Greg Lois presents a webinar on the defense of “Lack of Employment” in New York.
Subject: New York, Workers’ Compensation Law, Lack of Employment, Defenses, Employer-Employee
Date Presented: April 17, 2017
Presenter(s): Greg Lois, Esq.
Run time: 23:10 Continue reading Video: Is the Claimant an Employee?
Recently, we posted an article detailing the most common defenses that are used in denied New York Workers’ Compensation claims, that article can be found here.
Controverting a claim in the state of New York also requires that the carrier and/or self-insured and the defense counsel submit very specific forms in a statutorily defined time frame in order to raise and maintain those defenses. In most cases, if these aforementioned forms are not submitted in a timely fashion or are defective, the carrier and/or self-insured may waive all of its defenses and may have to accept the claim as compensable.
Initial Considerations in Controverted Claims
The process to controvert or deny a workers’ compensation claim in the state of New York is initiated when the carrier or self-insured files the electronic First Report of Injury – Denial Type 04 (FROI-04) which can be viewed here or a Subsequent Report of Injury – Denial Type 04 (SROI-04) form which can be viewed here. These forms now replace the Form C-7 or Notice that Right to Compensation is Controverted form, which used to be the forms upon which a claim was controverted. To view the obsolete form you can click here.
The FROI-04 includes a description of the factual and legal defenses raised as well as information about the employee, the employer, and the insurance carrier. According to New York Workers’ Compensation Law § 25(2)(a) the FROI-04 or SROI-04 must be filed by the carrier or self-insured employer within eighteen (18) days of the disability or within ten (10) days after the employer gains knowledge of the disability, whichever is greater. Continue reading How a New York Workers’ Compensation Claim is Controverted – Initial Considerations