To: The New York State House and The New York State Senate
Raise the Wage for Injured Low Wage Workers!
New York State must act to raise the wage for injured low wage workers receiving workers’ compensation benefits.
Why is this important?
Low wage workers are paying a hefty price for being injured at work. The Workers’ Compensation Law was enacted in the early 1900s as a no-fault system. Its fundamental purpose was to ensure that injured workers received adequate benefits for lost wages and medical care. However, for many injured workers, it falls short. The 2007 reform legislation tied the maximum weekly benefit to the state average weekly wage. Regrettably, it did not do so for the minimum benefit rate which has been increased in random amounts at random intervals. Low wage workers are more likely to be injured, yet they receive lower benefits.
New York must act now to raise the wage for low-wage injured workers receiving workers’ compensation by increasing the minimum weekly benefit rate and, like high wage earners, indexing their benefits to the state average weekly wage.
Discrimination and any form of retaliation against an injured worker is retaliation against the Law. §120 of the Workers Compensation Law finds it unlawful for any employer to threaten, retaliate or penalize against any employee for claiming benefits or about to institute a claim for compensation. Many employees have lost their jobs, had their hours reduced and mistreated for exercising their rights protected under this chapter. The penalties liable to an employer for violating this section should be increased to serve as a deterrent to violators.
Denying injured workers language access is preventing them the access to be protected under the Workers Compensation Law. New York State is known for its diversity, and the Workers’ Compensation Board should provide comprehensive translation and interpretation for injured workers.
Compromising the right to a hearing is compromising a basic right of an injured worker. Injured workers deserve to have a fair and legitimate hearing on their worker compensation claims. A lot of injured workers have to make long drives in order to gain access to a hearing which more often than not ends up adding salt to injury and causing a lot of inconvenience to the injured workers. The Workers Compensation Board should make it a priority to provide hearing centers that are readily accessible. If the Board files a hearing within a forty-five day period, this will speed up the whole process of determining benefits and would guarantee the legitimacy of the Workers Compensation Law.
The Worker Protection Coalition aims to create a just Workers’ Compensation System in New York State. The Coalition is endorsed by partners across New York State, including: Alliance for a Greater New York (ALIGN), CSEA Local 1000, DC 37 AFSCME, Injured Workers Bar Association, Long Island Jobs with Justice, Make the Road New York, MFY Legal Services, National Economic and Social Rights Initiative, New York Communities for Change, NYCOSH, the New York Workers’ Compensation Alliance, NENYCOSH, the Organization of Staff Analysts, Retail Wholesale and Department Store Union, and WNYCOSH.
New York must act now to raise the wage for low-wage injured workers receiving workers’ compensation by increasing the minimum weekly benefit rate and, like high wage earners, indexing their benefits to the state average weekly wage.
Discrimination and any form of retaliation against an injured worker is retaliation against the Law. §120 of the Workers Compensation Law finds it unlawful for any employer to threaten, retaliate or penalize against any employee for claiming benefits or about to institute a claim for compensation. Many employees have lost their jobs, had their hours reduced and mistreated for exercising their rights protected under this chapter. The penalties liable to an employer for violating this section should be increased to serve as a deterrent to violators.
Denying injured workers language access is preventing them the access to be protected under the Workers Compensation Law. New York State is known for its diversity, and the Workers’ Compensation Board should provide comprehensive translation and interpretation for injured workers.
Compromising the right to a hearing is compromising a basic right of an injured worker. Injured workers deserve to have a fair and legitimate hearing on their worker compensation claims. A lot of injured workers have to make long drives in order to gain access to a hearing which more often than not ends up adding salt to injury and causing a lot of inconvenience to the injured workers. The Workers Compensation Board should make it a priority to provide hearing centers that are readily accessible. If the Board files a hearing within a forty-five day period, this will speed up the whole process of determining benefits and would guarantee the legitimacy of the Workers Compensation Law.
The Worker Protection Coalition aims to create a just Workers’ Compensation System in New York State. The Coalition is endorsed by partners across New York State, including: Alliance for a Greater New York (ALIGN), CSEA Local 1000, DC 37 AFSCME, Injured Workers Bar Association, Long Island Jobs with Justice, Make the Road New York, MFY Legal Services, National Economic and Social Rights Initiative, New York Communities for Change, NYCOSH, the New York Workers’ Compensation Alliance, NENYCOSH, the Organization of Staff Analysts, Retail Wholesale and Department Store Union, and WNYCOSH.