Paul J. Kilminster

Paul J. Kilminster, a leader in the firm’s Workers’ Compensation practice, focuses on defending self-insured employers, professional employer organizations, private carriers, and third-party administrators in a wide variety of workers’ compensation claims involving construction, trucking and commercial transportation, sports and entertainment, retail, and hospitality matters. In particular, he handles benefits arising out of worksite accidents, occupational diseases, occupational hearing loss, carpal tunnel syndrome, repetitive stress injuries, mental stress claims, heart attack cases, and claims for death benefits. Paul has drafted and edited numerous appeals and rebuttals to the Workers’ Compensation Board Administrative Review Division and briefs to the New York State Appellate Division.

Experience Highlights

Construction

Paul represents large construction contractors, property developers, and owners in claims arising out of construction-site accidents-including those covered by owner controlled insurance programs (OCIPs) and contractor controlled insurance programs (CCIPs). In addition to defending the underlying workers’ compensations claims from these accidents, Paul regularly attends mediations in order to ensure that our construction clients’ lien rights are defended and accounted for as part of any potential third-party settlement.

PROFESSIONAL EMPLOYER ORGANIZATIONS (PEOS) AND THE GIG ECONOMY

A trusted advisor to technology companies operating in New York State’s gig economy, Paul has secured dismissals of multiple workers’ compensation claims filed by self-employed couriers and other gig economy companies. He draws on experience successfully defending claims filed by both leased and non-leased employees against PEOs and their insurers. Paul has counseled PEO clients on the requirements of the New York Professional Employer Act, as well as claims involving 1B exposure under the state’s grave injury statute, and other coverage issues.

Workers' Compensation

Paul is experienced with all stages of workers’ compensation litigation, including trials requiring claimant and lay witness testimony as well as depositions of treating and consulting physicians, along with drafting, editing, and filing both appeals and rebuttals to the Workers’ Compensation Appellate Review Board. Additionally, Paul has authored articles for client publications pertaining to the shift in entitlements effectuated by the enactment of the 2010 Medical Treatment Guidelines for injured workers.

Honors & Awards

New York Metro Super Lawyers Rising Stars, 2017-19

Publications & Events

Publications

•Co-Author, “ Fighting Disability Fraud: How the Long Island Railroad Could Be a Model for All Employers, ”USLAW Magazine, Fall/Winter 2014
•Co-Author, “Construction Injury Case Changes Game for Workers’ Compensation Defense,” Progress! Under Construction, September 2013

Recent Insights

36 Goldberg Segalla Attorneys Featured in 2019 New York Metro Super Lawyers

September 12, 2019

Industries in Focus: Professional Employer Organizations (PEOs) and the Gig Economy

May 16, 2019

Thirty-Four Goldberg Segalla Attorneys Featured in 2018 New York Metro Super Lawyers

September 13, 2018

Goldberg Segalla Continues to Rise in 2017 New York Metro Super Lawyers Listing

September 20, 2017

Goldberg Segalla Names New Partners

January 2015

Fighting Disability Fraud: How the Long Island Railroad Could Be a Model for All Employers, USLAW Magazine

Fall/Winter 2014