Ballston Spa, NY asked in Personal Injury for New York

Q: Denied short term disability, what should I do?

I was injured at my previous employment a few months ago. I sought medical treatment, but never went to therapy to fully heal. I started a new job and the injury flared up since the new job is more labor intense. New job offered to put me on short term disability while I go to therapy since they won't accommodate because I'm new. I filed all the paper work and waited and waited for a decision. They denied it and my employer sent me a bit of a rude email saying I had to return to work, or file for FMLA (which I don't think I'm even eligible for since I'm new), or appeal their decision, or would be fired. I would like to contact a lawyer I suppose and appeal it. I really would like to go back to work now, but I'm not healed yet and wouldn't be able to do the job right and would hurt myself. Is appealing their decision the best way to go?

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: If the injury occurred during the course of employment, you could reach out to a workers' comp attorney and discuss the matter with them in greater detail. Good luck

Tim Akpinar

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: Sorry to hear what you're going through. You should really consider speaking with a workers' compensation / disability attorney to explore your legal options.

Tim Akpinar agrees with this answer

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