the Home page of the Injured Workers' Bar Association, Inc. and thanks for
visiting us. This web site is intended to be a resource to existing members,
attorneys seeking to join the organization, and visitors by offering
information to injured workers in New York.
The Injured Workers' Bar Association is comprised of attorneys from
throughout New York State who concentrate their practice in representation of
injured workers. Many of our members practice exclusively in the area of
Workers' Compensation Law. Our members provide legal representation for tens of
thousands of injured workers every year. To become a member of the IWBA, an
attorney must show that 80% or more of their Workers' Compensation practice
consists of representing injured workers and not insurance carriers or
employers. Most members also help injured workers in personal injury cases and
Social Security Disability cases.
The IWBA is dedicated to the
representation of and advocacy on behalf of injured workers. Membership is not
open to attorneys that spend more than 20% of their practice in the
representation of insurance companies or employers.
IWBA provides members the opportunity to connect with attorneys that share
common interests and goals. The ability to participate in electronic discussion
and email groups devoted to issues related to the representation of the injured
worker enables you to communicate immediately with your peers on issues that
affect all of us.
would encourage you to join and add your name to the list of attorneys striving
to preserve and protect the rights of the injured worker.
dues are $200.00 per year per individual attorney. Firm membership is not
October 23, 2013
New York Workers' Compensation Board Announces
Regulations to Implement Business Relief Act Assessment
Changes and 2014 Assessment Rate
Governor's Business Relief Act Lowers Assessments by over 25%,
Saving New York State Employers $300 Million
Date: October 23, 2013
Pursuant to WCL §151, the Chair of the Workers' Compensation Board (Board) shall annually establish an assessment rate for all employers by November 1st of each year, to be effective January 1 of the subsequent calendar year. For calendar year 2014, such rate shall be 13.8% of standard premium or premium equivalent for self-insured employers.
The Business Relief Act, part of the enacted 2013/14 budget, mandates that the Board create a single assessment methodology to fund the New York State workers' compensation system for all New York State employers regardless of coverage type. Additionally, the legislation closed the Fund for Re-Opened Cases to all new claims effective January 1, 2014. Usage of the Fund for Re-Opened Cases had become problematic over the last decade as carriers used the fund to shift an increasing level of liability back to policyholders. As a result of these changes, the assessment rate for 2014 is over 25% lower than last year, representing a savings of approximately $300 million to all New York State employers.
The previous assessment system was overly complicated, cumbersome, and expensive. It charged employers differently depending on whether they insured with private coverage, with the State Insurance Fund, or by self-insuring. The changes enacted reduce total assessment costs, streamline the process, and eliminate the antiquated billing process.
In addition to announcing the rate, the Board is promulgating Title 12 NYCRR Part 500 to implement this new assessment process. The regulation is effective immediately and will appear in the November 6, 2013 publication of the state register.
In December, the Board will hold webinars for self-insured employers and municipalities to assist and educate on the new process. Please contact the Workers' Compensation Board by email at BusinessReliefAct@wcb.ny.gov with any questions on the new process.
Robert E. Beloten