Workers Compensation Defense Legal Services

The vendor is required to provide workers compensation defense legal interests of agency and appear as attorney of record and attend all workers compensation board hearings except as follows:
•    Responsible for handling claims for discrimination under section 120 of the workers' compensation law.
•    Responsible for identifying subrogation rights and identifying potential contributions from other parties, including the identification of potential liability on the part of third-parties, but is not responsible for initiating legal action to seek such recoveries.
•    Advising the designated personnel at the agency of potential loss transfer claims in no-fault cases but is not responsible for initiating legal action to seek such recoveries.
•    Appeals to the workers' compensation board, but the firm is not responsible for appeals to the appellate division or the court of appeals, unless otherwise agreed upon.
- The worker's compensation counsel will handle all open workers' compensation cases (not previously assigned counsel) and any new cases that may arise until such time as the agreement is terminated.
- Worker's compensation counsel must agree to cooperate with the agency third-party workers' compensation claims administrator (TPA) and the agency and be able to communicate and schedule electronically with the TPA.
- Worker's compensation counsel agrees to assist in the settlement of litigated cases, including, but not limited to, providing information and participation in the negotiation of settlement. 
- Worker's compensation counsel may not settle any open case without prior concurring with the TPA and the designated staff at agency. 
- Any settlement must be obtained from the TPA and have the approval of the agency attorney.
- Worker's compensation counsel must respond to requests for legal opinions from the agency on workers' compensation matters and shall be available for consultation upon reasonable notice.
- Worker's compensation counsel must assume, and review all assigned open cases from the current workers' compensation TPA. 
- The cost of take-over shall be included in the firm's price. 
- Any and all files relating to agency worker's compensation matters will be made available to the TPA and agency upon request, and will be turned over to the respective entity or a designated representative in an orderly manner.
- Worker's compensation counsel must assist with making recommendations regarding: the investigation of claims submitted, fraud and loss prevention, surveillance, and IME referrals.
- Worker's compensation counsel must also provide the following services:
•    Advise on the use and interpretation of data, records and reports provided to agency and make recommendations to facilitate agency program of employee safety and health.
•    Coordinate and present a yearly workers' compensation seminar to agency department heads and other agency employees responsible for handling workers' compensation matters.
•    Assist and cooperate with loss prevention and safety personnel to reduce the frequency and severity of injuries.
•    Make recommendations for and assist with the prevention of workers' compensation fraud.
•    Make recommendations regarding surveillance for the prevention of fraud and abuse.
- Worker's compensation counsel obligates themselves to provide information necessary for continuous claims handling after the expiration of the contract to a subsequently successful firm.
- Worker's compensation counsel must procure insurance in accordance with the insurance required.

- Contract Period/Term: 1 year
- Bid Intent Deadline: September 02, 2025
- Questions/Inquires Deadline: September 02, 2025