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Questions Answered by Tracy A. Brune
2 Answers | Asked in Workers' Compensation for New York on
Q: I had surgery for broken spine from work injury 5 years ago. Still heavy laborer, getting worse. Can I file now?

Company paid all med bills and had to sign documents when drugged & in pain. Came back to work too soon- was threatened would be fired. Hard work laborer still. Major neck, back problems. Is it too late since it was 2009.

Tracy A. Brune
Tracy A. Brune answered on Jun 6, 2014

You have two years to file a claim. However, the employer may have waived this defense by payment of the medical bills. I would strongly suggest you check with an attorney in your area who specializes in New York State workers' compensation law, and file a claim asap.

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1 Answer | Asked in Workers' Compensation for New York on
Q: If there is mold in office at work and they know about it and have not corrected it yet and I keep getting sick.

Do I report it to workmans comp

Tracy A. Brune
Tracy A. Brune answered on Jun 4, 2014

Under workers' compensation, you do have the right to pursue a claim for any problems you are experiencing due to mold at work. Your claim would entitle you to medical care and compensation for any lost time or reduced earnings. However, the law judge would not have the power to order your... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: I am not satisfied with my present workers comp.lawyer is it ever to late to find a new lawyer?
Tracy A. Brune
Tracy A. Brune answered on Jun 1, 2014

No, you have the right to obtain a new lawyer at any time. Keep in mind, however, that your current attorney has a right to put a lien on your file for any unpaid work. The lien will be addressed by the law judge at a hearing, and you will have the right to comment on the same.

1 Answer | Asked in Workers' Compensation for New York on
Q: In auto accident at work owners of company telling everyone nothing happened have had no treatment over a year help ?

Have hospital report accident report workers comp number had to move to fl for work getting worse

Tracy A. Brune
Tracy A. Brune answered on Jun 1, 2014

You have 30 days to provide notice to your employer, and you have two years to file a claim with the workers' comp board. The 30 day rule is flexible, particularly if you treated within the first 30 days following the accident (it sounds like you did). Regardless of whether your employer is now... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: If I injured myself in October and kept working should I and could I still file for workers compensation?

I was working for a construction company and tore my scapula muscle and possibly more. I believe by continuing work I aggrevated the muscle and made it worse.

Tracy A. Brune
Tracy A. Brune answered on Jun 1, 2014

You should definitely file a claim, if for no other reason than to make sure you are covered down the road. In addition, you may be entitled to a permanency award depending upon the injury, regardless of whether you have lost any time from work.

1 Answer | Asked in Workers' Compensation for New York on
Q: Does a patient need to sign a release for each physician they see under NYS workers' compensation for their attorney?
Tracy A. Brune
Tracy A. Brune answered on Jun 1, 2014

The release is typically very generalized, but each provider requires a release. In addition, some government institutions (such as the VA or a State run hospital) require a very specific release.

1 Answer | Asked in Workers' Compensation for New York on
Q: I have an open workman comp case that is going to a hearing. Can my job duty be changed with an open comp case
Tracy A. Brune
Tracy A. Brune answered on Jun 1, 2014

It is difficult to tell based upon your question. However, if you are wondering whether your employer is able to create a light duty position for you, the answer is yes. In fact, I have also seen situations where an employee is either laid off or terminated if he or she is no longer able to... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: I have workers compensation in NY and I need rotator cuff surgery can I have the surgery in GA?
Tracy A. Brune
Tracy A. Brune answered on Jun 1, 2014

Yes, you are permitted to have out of state treatment. However, if you now reside out of state, the New York State medical guidelines will not apply. This could make a difference in regards to whether your doctor is required to obtain pre-authorization for the procedure.

1 Answer | Asked in Workers' Compensation for New York on
Q: Dr treating me is the one I had in emergency room, can I change doctors after 4 months of him.

I feel like my dr doesn't listen to me about my pain and swelling from broken ankle in January, had surgery with screw installed. He keeps saying it's normal.

Tracy A. Brune
Tracy A. Brune answered on Jun 1, 2014

You are allowed to change doctors and you do not need pre-approval to do so. You can either consult with your family doctor and get the name of a local ortho, or just seek one out on your own.

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