Tag Archives: Workers’ Memorial Day

New York’s Newest Budget Shortchanges Injured Workers

Today’s post comes from guest author Catherine Stanton, from Pasternack Tilker Ziegler Walsh Stanton & Romano.

A couple of weeks ago Governor Cuomo signed the New York State Budget that contained some potentially detrimental provisions for injured workers. Big business interests are taking their victory laps as they continue with their campaign to dismantle the Workers’ Compensation system by further reducing benefits to injured workers.  See this for what it is- a relentless attack on the working men and women of this state.

If you believe that the majority of those on Workers’ Compensation are frauds, faking an injury, or taking advantage of taxpayers, then you are probably content with the changes in the law. That also probably means you were swayed by the alternative facts that the Business Council was promulgating, including the proposition that Workers’ Compensation benefits are to blame for the high cost of doing business in New York and that many injured workers are not deserving of the benefits they receive.   

My colleague Len Jernigan from North Carolina issues an annual report of the top 10 Workers’ Compensation fraud cases. In 2016, those top 10 fraud claims were against employers – not workers – and totaled more than $400 million! Much of the fraud involved misclassification of employees in order to circumvent payroll taxes and Workers’ Compensation insurance. In fact, very few workers would voluntarily subject themselves to a system that has become so bloated by bureaucracy and is more concerned about precluding medical treatment because a form is not filled out correctly or penalizing counsel for being too overzealous by submitting numerous requests for their client’s day in court. 

Injured workers do not have much political clout. They do not get rich off of Workers’ Compensation benefits. Their weekly benefits can be reduced if they are considered partially disabled without regard to their socio economic status, their educational level or whether or not they are still being treated for their injuries.   Many of them who were union workers now are no longer able to pay union dues; some cannot pay for medical insurance for themselves or their families as Workers’ Compensation insurance only covers the injured worker for the injuries sustained on the job.

Workers’ Memorial Day takes place annually on April 28.  It is a day to remember those who have suffered and died on the job. Each year there are symposiums, panel discussions, acknowledgements, and speeches paying tribute to the men and women who have lost their lives at work. Many of our politicians will issue statements or attend rallies to stand in solidarity with workers’ groups. We will hear how their deaths should not be in vain and how we must make our workplaces safer. We will be saddened to hear the list of names of those who went off to work never to return.

Many of the politicians giving these speeches are the same politicians who voted to reduce benefits to injured workers in order to appease big business interests. It is difficult to comprehend the hypocrisy involved, but we are told this is politics as usual. While it may be too late regarding the further limitation for lost wages, there is still an opportunity to let the Governor know that any further reduction for permanent injuries to limbs is just not acceptable. While honoring those who died on the job is laudable, properly compensating those who have suffered permanent injuries is equally important and ensures that we value both the dead and the living.

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

Examining the Reality of Workers’ Memorial Day

Today’s post comes from guest author Rod Rehm and Emily Wray Stander, from Rehm, Bennett & Moore.

We write this blog post to bring attention to an article that was a big dose of perspective about all the recent Workers’ Memorial Day celebrations. The official day is April 28 for Workers’ Memorial Day, and many groups spend a lot of effort in organizing events, discussing safety, and holding memorials. Unfortunately, as the article points out, those efforts don’t always translate into safer workplaces and fewer fatalities.

What Karen C. Yotis and Robin E. Kobayashi did was talk to “a few thought leaders in the workplace safety arena” to get the reality of the situation by asking the question: “Has worker safety improved at all during the past year?” The experts they spoke with included “Tammy Miser, Founder/Executive Director of United Support & Memorial For Workplace Fatalities; Kim Bobo, Executive Director for Interfaith Worker Justice; Charles R. ‘Chuck’ Davoli, 2014 President of Workers’ Injury Law & Advocacy Group and a Louisiana Workers Advocate; and Rebecca Shafer, attorney, author, and a workers’ compensation/risk management maven who has spent her professional life advocating for safe workplaces.”

There is often a disconnect between thought and reflection and then taking action to change a situation. The blog post treads into the waters of holding people and businesses accountable and also taking action that leads to long-term change in the form of safer work environments.

Attorneys Rod and Jon Rehm are members of WILG’s Board of Directors, which is currently led by Mr. Davoli, and the other attorneys at Rehm, Bennett & Moore are all members of WILG because of the group’s efforts towards both accountability for businesses and safety for workers.

While we urge you to read the entire blog post that’s linked to in the first paragraph, here are a couple of thought-provoking highlights.

First, it is striking that a “cost containment expert” like Ms. Shafer describes how businesses must focus on safety. Although it’s at the end of the linked article, Ms. Shafer’s commentary is excellent – the article says that she “speaks out so passionately on the employer’s obligation to keep an unrelenting focus on safety.” Here’s a partial quote that she gave to the article: “ … the bottom line is that each employer needs to make safety the #1 priority. … Until worker safety is TOP priority, a company will continue to have very little success in achieving a balanced workers’ compensation insurance program.” She writes about making safety a higher priority than profitability, but realistically, companies would be much more profitable if they were also much safer.

Finally, Mr. Davoli shared a list of “nine safety elements” for “the construction and building trades” that a Workplace Safety Task Force created in Louisiana with WILG’s help.

Here’s that excellent list:

“1. A designated safety budget as part of the normal operating budget.

 2. A formal safety committee that meets on a regular schedule.

 3. An employer that pays employees for the hours they spend attending voluntary off-duty safety training sessions.

 4. A formal personal protective equipment training program.

 5. Written and formal safety goals that are updated periodically.

 6. Safety training for subcontractors.

 7. Detailed safety reports to employees on a regular basis.

 8. Regularly scheduled safety training programs for existing employees.

 9. A disciplinary procedure for employees who commit unsafe acts.”

The reflection portion of Workers’ Memorial Day must turn to action. The reality is that until businesses buy into and change their work culture to be safe, there will always be a need to remember those who were killed at work.

Thanks to Ms. Yotis and Ms. Kobayashi for writing such an excellent piece.