Long Overdue Public Safety Worker Coverage

Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001, terrorist attacks. A closer look at the legislation reveals that it removes defenses such as causal relationship, statute of limitations, and jurisdiction. Complicated statutory and regulatory challenges may ultimately offset the benefits offered. 

Public Policy and Multi-Jurisdictional Claims

A NJ appellate court has ruled that public policy favors litigation in the State of New Jersey were there exists a dispute over multi-jurisdictional choice of law issues governing workers’ compensation insurance coverage in NJ.

Can I Move To Another State If I Have A Work' Comp' Claim?

Guest author Emanuel Aron from 

Pasternack Tilker Ziegler Walsh Stanton & Romano (NY)

Question: Can I move to another state even though I have a workers’ compensation claim in New York?

Answer: Absolutely! Many claimants move to other states during the course of their workers’ compensation claims. Here are the top five things to consider when moving to another state: 

1. Tell your workers’ compensation attorney that you are moving, and update your contact information such as telephone number and address. 

2. Find a doctor in your new state that handles workers’ compensation claims in New York state. A simple Google search should give you several hits. Be sure to ask if the doctor handles workers’ compensation claims for claimants. 

3. As there is often confusion at the initial stages of treatment as to why a patient is seeing the doctor, be sure to tell your doctor that you have an ongoing workers’ compensation claim in New York for which you need continuing treatment. 

4. Have your Notice of Decision authorizing medical treatment handy! This is how the doctor knows that he or she is allowed to treat you for your work-related injury. If you do not have a copy of that Notice of Decision or have lost it, ask your workers’ compensation attorney to send you a copy ASAP. 

5. Be proactive. This is your workers’ compensation claim: you have a right to your medical records. Ask for them after each visit! Give your workers’ compensation attorney the doctor’s contact information, including telephone number, fax number, and address. Get in touch with your workers’ compensation attorney if the doctor is having any difficulty getting your medical treatment paid for by the insurance carrier.

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