StolzenbergCortelli, LLP
Free Consultations  cta
Toll Free Number: 800-494-0889
Se Habla EspaƱol
View Our Practice Areas

Labor department questions federal role in workers' compensation laws

Recently, the Labor Department claimed that workers' compensation laws in several states have essentially become a "race to the bottom." Based on these observations, the Labor Department has recommended that the federal government play a greater role when it comes to state workers' compensation laws. More specifically, the agency has recommended the "exploration" of establishing federal minimum benefits. 

A failure to provide adequate benefits

According to the agency, recent changes in state laws for workers' compensation has caused the failure of the workers' compensation system in many states to offer adequate benefits to injured workers.

In the report, the agency also notes that new laws, procedures, and policies have been enacted across the country. These new laws, procedures, and policies not only offer limited benefits, but they also reduce the chance that a worker will be able to successfully apply for workers' compensation benefits. These new laws discourage workers who sustain injuries from applying at all for benefits.

Last year, a Democratic group of lawmakers wrote a letter to the Labor Department and asked them to offer greater protection to injured workers due to changes in laws for workers' compensation in over 30 states. After conducting an investigation, the Labor Department agreed that there were major inadequacies when it comes to some state's workers' compensation laws. The Labor Department argues that the federal government should establish standards for workers' compensation programs and have more oversight over the programs that fail to meet these established standards.

Another suggestion the agency made is the reestablishment of the 1972 Nixon administration commission. This commission requested that Congress step in if states failed to offer minimum benefits.

In the report, Labor Secretary Thomas Perez stated that the federal government has given up all responsibility when it comes to workers' compensation. According to Perez, the lack of federal standards for workers' compensation predisposes workers who are injured on the job to become impoverished.

Many employers and insurance companies have expressed great concern over the idea of federal intervention for workers' compensation programs. The Strategic Services on Unemployment and Workers' Compensation, which represents the business community's workers' compensation interests, claimed that there has been no federal oversight of workers' comp programs. The group claimed that the establishment of federal standards would contradict the current state workers' comp system.

Any affect on injured workers?

Workers' compensation in any state can be a complex process. Often, injured workers are unable to secure fair compensation from their workplace insurance without the services of an experienced employment law attorney. Injured workers in New York struggling to obtain compensation should speak to a lawyer familiar with workers' compensation benefits or the availability of a personal injury lawsuit against a third party. 

No Comments

Leave a comment
Comment Information
  • $2.05 Million Settlement Mother of Two Struck and Killed by Motorist

    StolzenbergCortelli LLP recently resolved a heart breaking wrongful death action. The mother of two was struck and killed, while she crossed a roadway.

  • $1.1 Million Settlement StolzenbergCortelli LLP Settles Trip Over Nail Case

    Terrence and Howard settled a trip and fall case for $1,100,000. In this case, our client (a resident of Brooklyn) was a cleaning lady who was hired to clean the newsroom of the Wall Street Journal.

  • $750,000 Verdict Jane and John Doe v. Defendant Driver

    The names are redacted for privacy reasons. In this automobile accident case, the female plaintiff was injured and suffered seriously debilitating injuries.

  • $525,000 Settlement Injured When the Trailer upon which He was Standing Collapsed

    Our client was a teamster, working at a concrete plant in Westchester, when he was seriously injured. At the time, he was standing on a trailer, which is colloquially known as a "low boy", when the wooden slats upon which he was standing, collapsed.

  • $457,500 Settlement Car Accident Victim With Pre-Existing Neck Injury

    Settled a client's case for $457,500. The client suffered a significant cervical spine injury requiring a fusion surgery.He was t-boned by a car exiting Purdy's farmer and the Fish in Somers, New York.

  • $450,000 Settlement StolzenbergCortelli LLP Settles Construction Accident Case

    Howard Stolzenberg settled a case for $450,000 where a construction worker was forced to use an exterior fire escape ladder to access the top of the building all while carrying a one gallon bucket of paint. The worker fell and fractured his ankle.

  • $100,000 Settlement Teenager Hit From Behind

    We just settled a case for a young girl who was injured when she was struck from behind while waiting at a red light at an intersection near the entrance to the Saw Mill in Yonkers. She had hip and shoulder surgery.

Email Us For A Response

Discover The StolzenbergCortelli, LLP Advantage

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

StolzenbergCortelli, LLP
Phone: 800-494-0889 Fax: 914-361-4478

3 Convenient Office Locations

White Plains Office
305 Old Tarrytown Rd.
White Plains, NY 10603

Toll Free: 800-494-0889
Fax: 914-361-4478
White Plains Office Location

ROCKLAND
99 Main Street
Nyack, NY 10960

Toll Free: 800-494-0889
Fax: 914-361-4478
Map & Directions

NEW YORK CITY
26 Court Street
Brooklyn, NY 11242

Toll Free: 800-494-0889
Fax: 914-361-4478
Map & Directions

  • White Plains Bar
  • Rockland County Bar
  • NYSTLA