Elizabeth, NJ asked in Workers' Compensation for New York

Q: Am I entitled to a settlement if I can’t go back to work for a worker’s compensation injury?

I have a torn meniscus from an injury at work. My work is as a fitness instructor and there are no hours that aren’t full out physical work . My knee is not doing well and I am wondering how best to be prepared if I can’t go back to work . It’s a tricky thing because the doctor haS approved me at 50 percent disability yet I can’t do anything that my job requires since it’s high level training and they said there is no non physical work to give me . I can’t even walk up stairs comfortably but was told they base the disability level on “normal” activities and not on what my job entails. I’m wondering if I may be entitled to a settlement if my work is forever halted because of this injury . I have been in dance and fitness for my entire career. Is there a general law around workmans comp and permenant injuries limiting work ? ...or is it individual to the specific insurance agreement of my company etc..

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: An experienced workers' comp attorney should address your question, but it remains open for four days. One option at this point is to reach out to workers' comp attorneys to discuss file in detail. Many WC attorneys offer free initial consults. As with other injury-related claims, workers' comp claims can involve determinations based on findings of IMEs (independent medical exams) conducted by insurance carriers. However, experienced workers' comp attorneys also exercise measures in advocating the rights of claimants, such as requesting new IMEs, appealing determinations denying surgery, etc. These files are often complex and better suited to detailed discussion than quick Q & A board-type responses. With COVID, many WC firms offer virtual consults. Good luck

Tim Akpinar

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