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New York Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation and Employment Law for New York on
Q: I have an open comp case and am on light duty can I be layed off if I can't return to full duty when employer wants

My employer agreed to my working light duty but has now given me 4 weeks to return to full time or face lay off. This was a work related injury

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

It depends on the basis of your leave, your doctor's evaluation, and the extent of your time off, among other facts. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

2 Answers | Asked in Workers' Compensation, Social Security and Car Accidents for New York on
Q: I had an accident in a commercial vehicle. It was my fault, but I wasn't charged legally. I'm now terrified to drive.

I can drive my car, but it's hard. I don't know if I can drive a truck again, as I was terminated for the accident. If this prevents me from driving a commercial again, would I have a case?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

If the accident was your fault, on what basis could you possibly sue the other party? The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

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1 Answer | Asked in Workers' Compensation for New York on
Q: I have injured my back at work. How do I know if I have a worker's compensation claim?
Stephen Bilkis
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answered on Jan 6, 2017

You will likely have a worker's compensation if your injury occurred at work, during the course of your employment. I recommend you speak with your supervisor right away to file a claim. If you are in doubt, it would be a good idea to speak with a lawyer.

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: My father got hurt on his construction job in 1976 and he filed a lawsuit before the lawsuit came through he passed away

how do I go by finding out about the lawsuit in Rochester New York

Peter N. Munsing
Peter N. Munsing
answered on Dec 6, 2016

Go to the courthouse is one start. But kind of late to do anything anyway, no?

2 Answers | Asked in Consumer Law and Workers' Compensation for New York on
Q: I want to know if Navient can try to take a house I want to buy with money I received from a workers compensation case?

I'm fighting Navient about student loans. I've filed a complaint.

I got hurt at work and subsequently recieved a SLU award. I would like to use that to help buy a house but I'm afraid they'll try to take it.

Any thoughts?

Derek John Soltis
Derek John Soltis
answered on Nov 25, 2016

It is possible that they could secure a judgment against you in court and then place a lien on your home or bank accounts. If you have questions, you should reach out to an attorney to discuss your options.

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2 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for New York on
Q: I was attacked while on a job and my employer won't give me any compensation.

I am a sub contractor for a theatrical company, and while on a job at a clients home, one of their guests grabbed me by the throat, choked me, and threatened the lives of the other actors with me. This man was a member of a notorious Long Island Motor Cycle club. I gathered my belongings and left... View More

Michael David Siegel
Michael David Siegel
answered on Nov 6, 2016

Call the police. You can call even now. If you don't then your credibility in any case will be undermined. No one else will voluntarily take on a gang and testify for you.

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1 Answer | Asked in Workers' Compensation for New York on
Q: When did it become law in NY State that you can no longer sue your own employer?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

I know of no such law. I think you're confused. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: If my Dr puts me on light duty and light duty isn't available at my job can I collect comp?

I am 56 years old worked construction all my life. I have chronic tendonitis in my left arm. There is no repairable surgery. My Dr. put me on light duty but there is none available at my job or my field of work. Do I have to find another job or can I collect workmen compensation? I live in New... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 26, 2016

Bit of both. First, you would want to get a consult with a member of the NYState Trial Lawyers who handles comp. In most states you would be getting comp. However to cut the "lost time" stats employers in some states can--and will--have you sit in a room doing nothing for 8 hours. Also,... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: Can I collect workmen compensation if my Dr put me on light duty and there isn't any available at my job?

I am 56 years old and worked construction all my life. I have chronic tendonitis (no repairable surgery) My Dr. put me on light duty but there is none available at my job or in my line of work .Do I need to find another job or can I collect workmen compensation? I live in New York State.

Peter N. Munsing
Peter N. Munsing
answered on Aug 26, 2016

This is a duplicate post. See my answer to your other question.

1 Answer | Asked in Workers' Compensation for New York on
Q: Am I legally allowed to ask for a copy of my IME from the adjuster if I have an attorney?? Or does the attorney have to
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

There is no reason why you should be deprived a copy of the Independent Medical Evaluation. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: one of the workers got injured, the worker are suing me what are options?

"I have a corporation, and i don't have workers compensation (i live in NY), and one of the workers got injured, now the workers is suing me, what are my options? how much is the fine for not having workers compensation? ."

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

If you have received suit papers you need to contact your general liability insurance and also get with an attorney who handles business litigation.Much will depend on certain facts which you don't want to get into on any website. As you can see there are some significant issues for you:... View More

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I endured several years of psychological trauma at work which is now beyond the statute of limitations

I was diagnosed with delayed onset PTSD from the trauma. Does the statute of limitations start at the time of PTSD diagnosis? What is the law in New York in regards to PTSD and statute of limitations

Derek John Soltis
Derek John Soltis
answered on Nov 25, 2016

I am sorry to hear about your situation. You should really speak to an attorney about the specifics of your situation. Without knowing what happened and when it is hard to give a recommendation on a course of action. Are you a veteran? Are you claiming that someone at your job caused the PTSD or... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: My lawyer says surgery for a torn rotator cuff is pre approved but surgeons office says they need something in writing.

I won my case for a consequential injury on my left shoulder and the notice of decision states that treatment for the injured body part is approved if done according to the MTG guidelines. What can be done if the carrier doesn't respond to the doctors office request for written permission for... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

It depends on whether the court order requires the carrier to provide such writing to the doctor. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

2 Answers | Asked in Workers' Compensation and Environmental for New York on
Q: now retired NYC teacher How long do I have to sue dept of ed due to serious health issues caused by toxic environment

Low levels of asbestos was found in my classroom and other teachers also became diagnosed with autoimmune diseases. I am recovering from a double lung transplant and I can never go back to work.

Gregory Andrews Cade
Gregory Andrews Cade
answered on Jun 12, 2017

In New York, the statute of limitations for a plaintiff intending to file an asbestos claim is three years from the time of the diagnosis of the asbestos-related disease.

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1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: if family with a nanny working less 40 hours does not need insurance then is there no coverage bc no policy?

does a catchall apply where coverage applies for all employees who are employed by business or person not required to carry insurance and are injured on job

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

Your questions needs clarification. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas... View More

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I cut my leg at work to the bone and got infected can my employer tell me I can work my 2 nd job
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

More facts are needed. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: doc requested a mri adjuster stopped returning calls, have a new 1 and still no answer. No check since 4/21 what to do?

Additional pt doc requested 3weeks ago have not been approved yet

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

Your question needs clarification. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas... View More

2 Answers | Asked in Workers' Compensation for New York on
Q: Can I switch from workers comp insurance to regular insurance for my injury if my Dr stops taking workers comp?

I finally found a Dr who actually helps my workers comp related injury but because of the restrictions she has stopped taking workers comp. I would like to have her continue to treat me for that injury. She takes my regular insurance. Can I have her use my regular insurance without any legalities?

Jonathan Damashek
Jonathan Damashek
answered on May 3, 2016

If you received treatment outside of what is authorized by workers' comp, they could cut you off. I would consult with a local WC attorney.

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1 Answer | Asked in Workers' Compensation for New York on
Q: was released back to work by my doctor,have been working five weeks, do I need to see an IME doctor for the insurance Co
Jonathan Damashek
Jonathan Damashek
answered on May 3, 2016

If you don't go, you will be cut off from future treatment.

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: I work for an airline. I was on a bus from airport to airplane when I got hurt.

Lawyer wants the info of the bus company. It was in Africa. U can not sue there. I told the lawyer he will have to deal with my airline. I was on airport grounds with my crew going to work. And I right?

Jonathan Damashek
Jonathan Damashek
answered on Apr 27, 2016

This sounds like a straight workers' compensation case.

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