Welcome to Part Two of the Jones Jones LLC’s Loss Transfer Series! In Part One of this series, you were given a primer on the basics of loss transfer; who can seek reimbursement and when does loss transfer apply. See: Loss Transfer Series: Part 1 – The Basics – Jones Jones LLC . Now we will review what kind of benefits you may recover as a result of utilizing all that loss transfer has to offer.
WHAT BENEFITS ARE RECOVERABLE VIA LOSS TRANSFER?
All No-Fault benefits are recoverable. Additionally, Workers’ Compensation benefits are also recoverable, but only to the extent that that those Workers’ Compensation benefits are considered to be paid in lieu of No-Fault. What does this mean?
Unlike No-Fault benefits, which are all recoverable, the benefits distributed under a Workers’ Compensation claim are only recoverable if No-Fault would have provided those same benefits. This means that any indemnity, medical and death benefit that was paid as a Workers’ Compensation benefit in lieu of No-Fault benefits may be recovered via loss transfer. Also, please note that other benefits may be recovered (example: disability benefits) if those benefits were also paid in lieu of No-Fault benefits.
WHAT BENEFITS ARE PROVIDED UNDER NO-FAULT?
Any of the below benefits paid on a Workers’ Compensation claim are considered to be in lieu of No-Fault:
- Up to $2,000.00 in death benefits.
- Up to $50,000 of the following (combined, not separate):
- Medical (as long as the medical benefit was paid in accordance with NYS Workers’ Compensation Fee Schedule); and/or
- Lost Wages
- Up to $2,000.00 per month
- For 3 years following the date of accident
EXCEPTIONS: There is no benefit under the No-Fault law that is similar to the Schedule Loss of Use (“SLU”) award provided under NYS Workers’ Compensation Law. However, the Department of Financial Services (DFS) issued an opinion letter stating that a SLU award may be recovered via loss transfer even though there is no equivalent to a SLU under the No-Fault law. Working alongside an attorney that is well versed in the benefits of a No-Fault claim, as well as any exception that may be present, is a key component to your loss transfer reimbursements being fully realized.
Stay tuned for Part Three of the Jones Jones LLC’s Loss Transfer Series to learn about the details of securing the actual loss transfer recovery funds. As always, the attorneys of Jones Jones LLC are beside you every step of the way and welcome any questions or thoughts you may have on this most important topic. Contact our team today at clientservices@jonesjonesllc.com.
Have an idea for an education series? Would you like to learn more about a certain area of subrogation, New Jersey & New York Workers’ Compensation defense, or No-Fault? Contact us with what you want to hear more about today at clientservices@jonesjonesllc.com!
