Support your local paper
Standardized attorney fees would create
accessibility for BK’s injured workers
COURIER LIFE, S 20 EPTEMBER 24-30, 2021
EDITORIAL
OP-ED
President John F. Kennedy
perhaps best summarized
the importance
of a free press in an address before
the American Newspaper
Publishers Association back in
April 1961.
“Without debate, without
criticism, no Administration
and no country can succeed —
and no republic can survive,”
said Kennedy, who made a
specifi c point of noting that
the press is the only business
in America “specifi cally protected
by the Constitution”
so it may “inform, arouse, refl
ect … indicate our crises and
choices, to lead, mold, educate,
and sometimes even anger
public opinion.”
But Constitutional protection
is not enough these days
to ensure a free press in this
country.
In recent years, too many
news organizations have
scaled back operations, cut
staff and even closed altogether
because of a lack of revenue
in an ever-changing media
landscape.
Worse, larger tech companies
either profi t off of local
news without contributing
much to support it, or suppress
responsible journalism while
letting misinformation run
amok.
Fortunately, journalism in
America stands a great chance
of not only surviving, but thriving,
for decades to come if Congress
passes a bipartisan bill to
support it — the Local Journalism
Sustainability Act.
Should it become law, the
measure would provide tax
breaks for news organizations
to hire journalists; credits for
small businesses to advertise
in their local papers; and up to
$250 a year to individuals who
purchase newspaper subscriptions.
Not surprisingly, New York
Congress members who know
the value of the local press are
front and center in support of
this legislation, and they come
from both sides of the aisle: including
Democrats Tom Suozzi,
Gregory Meeks, Carolyn Maloney
and Grace Meng; and Republicans
John Katko, Lee Zeldin
and Claudia Tenney.
We thank them for their
support of this essential legislation,
and urge their colleagues
in the House and Senate to pass
it without haste and send it to
President Biden’s desk for his
signature.
The Local Journalism Sustainability
Act provides the
lifeline community news organizations
have long needed
without infringing upon their
editorial independence. It will
enable newsrooms across the
country to have the resources
and people power needed to
better cover every corner of
their community — and better
inform their residents.
That will ensure, as Kennedy
said in 1961, that every
person in this republic “will
be what they were born to be:
free and independent.”
Meanwhile, call your local
Member of Congress to
ensure that they also support
the Local Journalism Sustainability
Act:
Hakeem Jeffries: 202-
225-5936
Nydia Velázquez: 212-
619-2606
Jerrold Nadler: 212-
367-7350
Yvette D. Clarke: 202-
225-6231
Nicole Malliotakis: 202-
225-3371
BY DAVIN GOLDMAN
With its rapid population
growth and ongoing redevelopment
projects, Brooklyn’s increased
construction has also
come with an increase in construction
accidents, making
access to quality legal representation
all the more crucial
for workers in the borough.
This past year, the New
York State Legislature passed
A1034B/S946, which directs
the Workers’ Compensation
Board to award consistent and
predictable fees to hardworking
attorneys. Now, I am calling
on Governor Hochul to
sign this legislation into law.
Now more than ever, especially
in Brooklyn, we must
ensure that attorneys remain
in the system and fi ght for injured
workers. A1034B/S946
will do just that.
The results of the 2020
census revealed that Brooklyn’s
population grew to 2.74
million in the last decade, almost
matching Chicago as
the third-largest city in the
country. Our borough’s everexpanding
downtown skyline
matches this, with new construction
projects popping up
overnight.
With new opportunities for
hardworking people in our
borough comes increased risk,
as the construction industry
can be dangerous if safety protocols
are not put in place by
contractors or developers.
It is no surprise that construction
jobs continue to increase
across Brooklyn due
to this rapid growth. While
Manhattan remains the borough
with the largest portion
of construction injuries
and fatalities, construction
worker injuries are rapidly
growing across the East
River in Brooklyn. According
to the Occupational Safety
and Health Administration,
Brooklyn ranked second in
both construction incidents
reported and fatalities. With
this increase in workplace injuries,
the workers’ compensation
system must be accessible
to all injured workers and
their families.
Access to the workers’
compensation system through
quality legal representation is
essential to ensuring justice
for these workers. The reality
with every case is that injured
workers have legal representation
to fi ght on their behalf
and navigate through the unfortunately
complex workers’
compensation system. Injured
workers rely on their lawyers
to receive their rightfully deserved
pay when life seems almost
unbearable due to workplace
injuries.
However, the Workers’
Compensation Board has
placed a burden on our industry’s
lawyers by arbitrarily reducing
attorney fees, discouraging
these attorneys from
taking on further workers’
compensation cases.
To be clear: we want to
help, but the Workers’ Compensation
Board makes our
job more diffi cult by determining
our fees with no specifi
c methodology. In fact, New
York’s fees for workers’ compensation
attorneys do not
come close when compared
to neighboring states. Seven
of New York’s neighboring
states have a fl at rate of 20%.
New York’s attorney fees are
subjectively set and are often
unjustly and unfairly cut by
the Workers’ Compensation
Board.
Our Legislature recognized
that our system needed
to improve, so they took action
and passed critical legislation
addressing this issue and ensuring
that the Workers’ Compensation
Board acts in the
best interest of both workers
and attorneys.
As our borough and city
continue to grow, processes
like those outlined in this legislation
must be present to
help all injured workers access
justice that may otherwise
feel beyond reach.
Providing workers’ compensation
attorneys with clear,
fair compensation guidelines
creates increased access to the
legal system for New York’s injured
workers.
New York was the fi rst
state to adopt workers’ compensation,
including attorney
fee regulations, and was once
a national leader in protecting
the rights and interests
of workers on the job. Today,
our system is in crisis, and we
need Governor Hochul to sign
A1034B/S946 to hold the workers’
compensation accountable
and provide our attorneys
with fair wages to fi ght for
Brooklynites and New Yorkers
across the State.
Davin Goldman is a Partner
at Klee, Woolf, Goldman &
Filpi law fi rm.