As an alternative to having a New York State Workers’ Compensation claim processed by the New York State Workers’ Compensation Board, construction and other trades have the opportunity to utilize an alternative dispute resolution process (ADR), as approved by the New York State Workers’ Compensation Law. In other words, ADR is a process of obtaining New York State Workers’ Compensation benefits without having the New York State Workers’ Compensation Board generally involved in the process.
Proponents of ADR claim that it results in a faster delivery of money and medical benefits paid to an injured worker.
In cases where the ADR process is applicable, if there is a dispute regarding a claim for Workers’ Compensation benefits, an arbitrator or mediator rather than a Workers’ Compensation Law Judge is responsible for determining whether an injured worker is entitled to certain Workers’ Compensation benefits. Generally, such a determination is final and binding, although an appeal of an adverse ADR determination can be brought to the New York State Supreme Court, Appellate Division, Third Judicial Department.
Benefits of ADR include potentially higher compensation rates than the state Workers’ Compensation maximum rates and potentially faster delivery of medical benefits.
QUESTIONS ABOUT ADR
- Who is entitled to pursue a Workers’ Compensation claim under ADR?
ADR is typically negotiated as part of a project labor agreement between the union and the owner of a project. At the present time several ADR plans exist in New York, including the new Buffalo Bills Highmark Stadium in western New York and Local 3 of the International Brotherhood of Electrical Workers.
- If my employer requires me to be part of the ADR for my Workers’ Compensation claim, what do I need to do to protect myself and claim compensation and/or medical benefits for my work-related trauma?
Visit the Workers’ Compensation Board website and complete WCB Form ADR-1 and provide same to your employer and the Workers’ Compensation Board within ten (10) days of the accident or onset of work-related trauma.
- Can an attorney represent me with my ADR claim?
Yes. For a free consultation and more information about the benefits available to you under ADR, please contact the Law Firm of Alex Dell, PLLC at (866) 965-2667.