What happen to my case if workers compensation carrier fail for bankruptcy ?

Asked 10 months ago - Brooklyn, NY

On my first Workers compensation hearing 06 /14/2013 my attorney informed me that insurance carrier for my employer fail for bankruptcy and this is the reason I cannot collect any compensation.
I was outside of courtroom and my attorney speak to the judge about my case .later he come to me and told me the judge will give me another insurance for my workers compensation claim.the next hearing will be on August with a new insurance carrier. I am not sure that I understand everything wright. Does anybody has a similar situation with insurance bankruptcy issue in the past ? What happen to my workers compensation claim ?

Attorney answers (4)

  1. William Ward Crossett

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    Contributor Level 10

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    Answered . Even if the carrier is in bankruptcy or what is called liquidation, you rights are protected by the law. The Board has a fund, sometimes called the Liquidation Bureau, to handle such claims. I suspect that at your next hearing, a person will be present representing the entity that will be responsible for handling your claim.

    You should work with your attorney to understand that who will be the responsible party so as to insure that you can alert your medical provider and you will know where to send your mileage and other reimbursement request.

    Please remember the answer to this question is in general and without knowledge to the specific facts of your case.... more
  2. Eric Edward Rothstein

    Contributor Level 20

    3

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    1

    Answered . The New York State Liquidation Bureau steps in. It could slow things down.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Jayson Lutzky

    Pro

    Contributor Level 20

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    Answered . Discuss the details with your lawyer who is familiar with your case.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. George Ellis Corson IV

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . This is an excellent conversation to have with your Attorney, since he actually knows your case. I am at a loss to understand why you feel that we are smarter than your Attorney, when he has all your facts and we do not.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more

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