NEWS
New York Legislation Expands Access to Medical Care for Injured Workers
by Robert A. Cardali, Esq..- January 4, 2026
It’s the start of the new year – that period of time when we reflect on our past accomplishments and move forward with excitement for the challenges of a new chapter. Our new years’ resolutions are full of hope and optimism. As your trusted legal team, we at The Klein and Cardali Law Group can help you check off one box as we flip the calendar, and that is to inform you of legislation that is part of the New York State Fiscal Year 2026 Enacted Budget, and how it may impact your medical care, your case, and your overall quality of life.
EXPANDING THE NETWORK FOR WORKERS’ COMPENSATION DOCTORS
We know one of the most frustrating aspects of the workers’ compensation process is getting proper and timely medical treatment. It’s often fraught with lengthy delays, and when you’re in pain – the last thing you want to deal with is sifting through red tape. This year, the hope is that the new provisions enacted by Governor Hochul’s office will reduce wait times for injured workers in need of medical care.
Perhaps the most significant shift we have seen in years to come is the new provision expanding the pool of available workers’ compensation physicians and providers. Resident physicians in the Accreditation Council for Graduate Medical Education (ACGME) training programs will now be able to treat patients under the supervision of attending workers’ compensation board-certified doctors. The goal is to add tens of thousands of qualified medical professionals across the state over a short period of time to provide a more streamlined process to access your medical care This is especially good news for those living in rural areas outside New York City, who have a more difficult time finding doctors who accept workers’ compensation insurance in their network.
Governor Hochul has also implemented a 20% increase in reimbursement pay rates for workers’ compensation board approved physicians. Under the revised medical fee schedule guidelines, workers’ compensation doctors’ pay rates will now more align with what private insurance companies pay general practitioners, family, and internal medicine doctors.
EARNED SAFE AND SICK TIME ACT REVISIONS
New York City is also expanding the rights and entitlements found in the 2026 Earned Safe and Sick Time Act (ESSTA). Employers must now grant all newly hired and existing covered employees an additional 32 hours of unpaid “safe and sick time” each year. These hours will be effective for immediate use, even if you have just been hired, and are available at the start of each calendar year — on top of the current paid sick/safe leave already required by law. However, unused unpaid sick leave does not carry over to the next year. These changes will hopefully allow employees to use the extended paid and sick leave for significant matters such as childcare or attending personal matters like legal proceedings or court appearances.
These are major shifts in the landscape for the workers’ compensation system. The hope is with more access to medical care and fewer obstacles involved in upholding the process, there will be better days ahead on the path to recovery if you are injured on-the-job.
We at the Klein and Cardali Law Group are especially proud of all the hard work and dedication for the past year and are extremely grateful you are a part of our legal family. From all of us to you, have a safe, healthy, and happy new year!
Workers' Compensation Judge Denies Motion to Dismiss
by Robert A. Cardali, Esq. - May 13, 2024
A judge recently decided in our favor to deny a motion to dismiss on a wages and hours class action lawsuit. A portion of the claim has already been resolved for through Rule 68, which allows at least 14 days before the start of a trial for serving a judgment on an opposing party.
Panel of Three Judges Awards Legal Guardian 24-Hour Care and Increased Pay
by Robert A. Cardali, Esq. - March 11, 2024
A groundbreaking decision by the workers’ compensation board panel of three judges was issued in favor of our clients caregiver. Previously, the workers’ compensation rules that applied were any person without medical experience is only entitled to an hourly pay wage of twelve dollars ($12.00) for home care for a maximum of only twelve (12) hours per day. That amount was then raised recently to the minimum state wage of fifteen dollars ( $15.00) an hour. However, as of March 11, 2024, the unanimous panel of judges awarded an increased hourly wage of twenty-five ( $25.00 ) dollars an hour for twenty-four (24) hours a day. No appeal was filed by opposing party. Our client suffered multiple fractures and traumatic brain damage, as well as injuries to the neck and back, and continues to receive physical and mental rehabilitation to this day.