World Trade Center Attorneys Announce Their Successful Negotiation Of Workers Compensation Lien Waivers

New York, New York, September 22, 2010, for immediate release: Worby Groner Edelman & Napoli Bern, LLP, Plaintiffs’ Liaison Counsel for the In re: World Trade Center Disaster Site Litigation, announced today that they have successfully negotiated with many of the various workers compensation insurance carriers who paid workers compensation benefits (and therefore hold liens) on the rescue and recovery workers’ settlement awards to waive all or part of those liens. Under New York State Workers Compensation Law, workers who have received workers compensation benefits for injuries or illnesses suffered on the job and later receive a settlement or verdict for those injuries must repay the carriers for up to two-thirds (2/3) of the benefits they received. Additionally, the Workers Compensation Law provides that once a settlement is awarded, the beneficiary of the workers compensation award may lose all or a part of his/her future workers compensation benefits.

Because of the negotiated waivers, the Napoli firm has secured agreements with more than twenty-five of the workers compensation carriers, each of whom has agreed to either waive their right to repayment of the liens completely or to significantly reduce their claims. Most importantly, each of these carriers has agreed that the plaintiffs’ acceptance of settlement benefits will not curtail or limit their future workers compensation benefits. Those plaintiffs who are receiving workers compensation benefits will continue to be paid those benefits if they opt-in to the settlement.

Plaintiffs’ Liaison Counsel Paul J. Napoli said that “Although we do not have an exact figure at this time, we estimate that these agreements, when added to the previous waiver by the City of its workers compensation liens, will add an additional $50 million to the overall settlement fund. To further benefit our clients, we are also waiving our right to collect our 25% attorneys fee on the reduced lien amounts from the settling plaintiffs.”

Contact Information

William Groner

Senior Partner

Worby Groner Edelman & Napoli Bern, LLP

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