A Day At The Races

A Day At The Races

For the second straight year, the New York Gaming Commission and the Jockey Injury Compensation Fund are going down to the wire on a new contract.

Under an emergency measure, stall rates at New York Racing Association tracks would skyrocket from $1.50 per day to $5.65 per day to pay for insurance that covers apprentice jockeys, competition jockeys, and exercise riders. There is also a deductible of $1,000 per injury and a benefits freeze. Officials at the Gaming Commission stress that the terms would probably be more favorable to workers in a final agreement, as the proposed increases would likely motivate the JICF to bargain more aggressively.

Under the law, an updated workers’ compensation package must be approved by December 31 for the upcoming year.

Benefits Available

The Workers’ Compensation Board applies a formula to determine the amount of cash benefits that injured workers receive. Currently, that formula is a multiple of two-thirds the claimant’s average weekly wages from the past year and the amount of disability (25 percent, 50 percent, and so on). If the disability is permanent but the victim can obtain some other job, the formula applies to the difference between the old wage and new wage. The benefits also include “necessary” medical care. Although these elements may seem straightforward, they are highly subjective and an attorney can often considerably increase your benefits.

The first element in the formula – average weekly wage from last year – is often misleading, because many people work in a different type of job, or at least in a different location, every few months.

Most injured workers are sent to a company doctor who nearly always underestimates the percent or length of a disability. An attorney can review medical records, and partner with an expert when necessary, to give the hearing officer a more accurate picture of the disability and its effects.

Finally, the WCB adjuster nearly always interprets the medical treatment provisions as the ones that are minimally necessary, as opposed to the treatments that are necessary to promote a full recovery. There is a significant difference between the two. The adjuster, who is not on your side, wants the bare minimum; an attorney, who is on your side, wants you to get better.

The workers’ compensation system provides no-fault insurance for injured workers. For a free consultation with attorneys who are committed to your recovery, contact our office. We do not charge upfront legal fees in these matters.


Last year we recovered over $15 million for our clients. With that money, our clients are able to pay their medical bills. They are getting their lives back on track after serious injuries and they are holding to account the people who wrongfully injured them.


$1,100,000.00 - Female, 35: Motorcyclist hit by oncoming traffic

Our client was riding on the back of a motorcycle going south when the defendant heading north made a left hand turn in front of the client, causing the accident.
Injuries: Fractured left leg which required surgery

We understand motorcyclists because we ride


$5,100,000.00 - Female, 43: Cyclist hit by truck

Our client was riding her bicycle when a truck was turning and came up onto the sidewalk. Our client went to back up and the truck struck her.
Injuries: Catastrophic injuries to entire right side of body below the waist resulting in amputation of the right leg and hind quarter; bladder rupture; multiple rib and spinal fractures.

$3,500,000.00 - Female, 33: Serious personal injury

Our client fell down the stairs and was knocked unconscious at a New York City
subway station.
Injuries: Fractured skull, subsequent seizure disorder.

$4,300,000.00 - Male, 63: Pedestrian hit by bus

Our client was crossing a street when a bus hit a car and the car spun and hit him.
Injuries: Traumatic brain injury; fractured shoulder.

$750,000.00 - Male, 35: Workers' compensation

Our client was changing a pump strainer on a hot air furnace when he stepped on a board and fell through the ceiling.
Injuries: Herniated disc which required surgery.

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