Angiuli & Gentile, LLP
We’ll Take It From Here. 347-201-4447

What happens if employers abuse workers' comp?

It is a legal requirement in New York for employers to have worker’s comp insurance, but that doesn’t necessarily mean that all employees are offered their rightful worker’s comp benefits. It doesn’t happen often, but some employers have tried to take advantage of loopholes in the system, or have even outright lied, to avoid paying what they are supposed to pay. Much of this problem comes from the fact that workers’ comp relies largely on the employers reporting and monitoring themselves.

The risk of having an unscrupulous employer is one of the main reasons that it is advisable to speak with an attorney who understands workers’ comp law. You may find that you deserve more from workers’ compensation than you thought at first. In fact, nearly $5 million has been recovered since 2013 from those who have admitted being guilty of workers’ comp fraud. Examples of such fraud include listing an employee being classified as an independent contractor, meaning that said employee isn’t eligible for the benefits they deserve, or misclassifying a job function to make a position seem less dangerous, thus lowering the rates employers must pay.

Fortunately for New York employees, these offenses are not flying under the radar. In fact, earlier this year, a grand jury recommended a few changes to crack down on dishonest employers. These changes range from increased penalties and transparency to broader education and data collection.

In many ways, you are your own best advocate. You know better than anyone what functions you perform in your job, which is why it is important to take workers’ comp claims very seriously. Enlisting the aid of an attorney can help you understand your workers’ comp benefits better and may assist you in receiving the compensation you deserve, even if your employer is not playing by the rules.

No Comments

Leave a comment
Comment Information

Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
View More

You Can Trust Angiuli & Gentile to Make a Difference

Schedule Your Consultation

Email Us to Get the Answers You Need

Bold labels are required.

Contact Information

Office Locations

Angiuli & Gentile, LLP
60 Bay Street, Penthouse Floor
Staten Island, NY 10301

Phone: 347-201-4447
Phone: 718-816-0005
Fax: 718-442-6408
Staten Island Law Office Map

Staten Island Office
1481 Hylan Boulevard
Staten Island, NY 10305

Phone: 347-201-4447
Phone: 718-816-0005
Staten Island Law Office Map