Lawyers, Answer Questions  & Get Points Log In
New York Workers' Compensation Questions & Answers
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2021

I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... Read more »

2 Answers | Asked in Bankruptcy, Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Suspended without pay for extended amount of time

I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 11, 2021

Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I got covid in January at work a coworker was sick and told management but they didn’t inform us I’m still sick.Help

Management didn’t inform the workers and I got sick . I’m still suffering from fatigue, headaches , hair thinning, teeth cracking and joint weakness I haven’t been able to get back to work fully I work once every two weeks because I get exhausted in the stores and can’t keep up. If I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 6, 2021

Consult with a workers compensation lawyer immediately. Although it may be difficult to pinpoint where you contracted COVID, a skilled workers compensation lawyer might be able to tie it to your workplace. Good luck. Alternatively, if you have disabling conditions, ask your doctor about... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: Insurance while on workmen’s comp

My wife has a medical insurance thru her job that covers all the members of our family. If she is currently on workmen’s comp due to her work related injury, do the rest of our family continue to have medical coverage? Or does it stops while she is on workmen’s comp? Thanks in advance

Tim Akpinar
Tim Akpinar answered on Jul 29, 2021

She should check with her workers' comp attorney and your family's private insurance carrier to be certain, but your question remains open for almost a week. Under normal circumstances, your family's private insurance coverage should not be suspended as a result of a workers'... Read more »

1 Answer | Asked in Workers' Compensation for New York on
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... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 2, 2021

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,... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: if on STD and HR calls and says someone one saw you at the hotel you stay at while working is that legal? I had a stroke

Called once to see how I was than immediately called back stating someone saw me and explain

Tim Akpinar
Tim Akpinar answered on Apr 27, 2021

It could depend on the timeline and the severity. And those are things that a physician, not an attorney, is qualified to speak about meaningfully. The fact that you were at a hotel, in and of itself, is not evidence of the absence of a disability. Your post remains open for two weeks. Consider... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I was hurt at wrk a while ago had a comp case w a crappy lawyer.. my x employer forced me to wrk injured for 3 month

Then they told comp.. the Ime did doctor hurt me and my lawyer at the time did nothing to help me

Tim Akpinar
Tim Akpinar answered on Apr 2, 2021

One option is to repost under Workers' Compensation here. There's no guarantee that all posts are picked up, but a workers' comp attorney probably wouldn't be able offer very much guidance based on these brief facts. Another option is to reach out to workers' comp attorneys... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: Question about PUA

Hello! Would one of the following be enough proof of self employment to qualify for PUA (pandemic unemployment assistance) ? : a check I received for a private lesson I taught in November 2020, check I reveived for a photo session I did in December 2020. I am a self employed actor and photographer.... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 10, 2021

The Department of Labor determines what proof you must provide. They can request more if it's not clear.

If you are denied benefits make sure to TIMELY request an administrative hearing before an ALJ. I think all hearings are telephonic. You can then compare your claim file with any...
Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: Personal insurance on workers comp case

Good morning,

I has an accident on the job site and the medical assistance on the emergency room, cirgury and hospitalization was charged to my personal insurance, it happens two months ago and now I'm whit workers comp, what is the best way to put everything on order ?? Thanks

Tim Akpinar
Tim Akpinar answered on Nov 19, 2020

This is really something that an experienced workers' comp attorney would know the most about, but you await a response for two weeks. If you are represented by an attorney, bring it to their attention. If the accident involved a third-party claim (where a personal injury attorney is involved,... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: Can you revisit a WC case that has been incorrectly handled after more than 30 days?

I injured myself at work and didn't push them to file WC due to being concerned I would lose my job. I paid almost $10k out of pocket in lost wages and Dr's bills. I returned to work and have re-injured my knee. Can I go back and do anything to recoup lost monies? What about filing now?

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

You could reach out to one of the workers' comp attorneys here (you could locate firms closest to the Mount Kisco area) under the Find-a-Lawyer tab, or you could reach out to firms you find on your own. Ask the firms you contact if they offer free initial consults to briefly discuss what took... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: Workplae accident third party liability

Hi,

I work for a woodwork company, I'm a cabinet maker and I has an a severe injury on my thumb finger whit a table saw, I'm got a workers comp lawyer now, but the case is that the place where the company is, is not owned by my employer, and the floors are really uneven and... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 19, 2020

So sorry to hear what happened to you. Thumb injuries can be very disabling. Generally speaking, whether a building owner is responsible for an injury depends on whether there was a dangerous condition on the premises, whether the building owner knew of the dangerous condition and if that condition... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: I fall in my case with work compensation and now they sue me for medical bills to pay them back what do I do.
Tim Akpinar
Tim Akpinar answered on Sep 21, 2020

It sounds like you might have a third-party personal injury case that is resulting in an award, and the workers' comp carrier is bringing a subrogation claim for repayment of WC benefits. If that is the case, the attorney representing you in that injury case should contact the WC... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: Should I wait and see or get a lawyer?

I sprained my right middle finger in January at work. I informed my employer & recieved medical treatment; wore a splint for 4 weeks. Afterwards, my finger was stiff and slightly bent. I was unable to fully bend or straighten it. I was able to compensate for it by using my thumb and index... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 20, 2020

It’s always worthwhile to reach out to a PI attorney to see if you have a case. Try calling around to a few. Make sure they hear out your situation and give you you an honest assessment.

1 Answer | Asked in Workers' Compensation for New York on
Q: can insurance company decide not to settle comp claim after they accepted responsibility

my husband is retired

Tim Akpinar
Tim Akpinar answered on Aug 15, 2020

It would be best for a workers' comp attorney to answer your question, but your post remains open for two weeks. The fact that they "accepted responsibility" sounds like it could mean they accepted coverage for a claim under a policy, as WC isn't generally based on... Read more »

2 Answers | Asked in Bankruptcy, Immigration Law, Real Estate Law and Workers' Compensation for New York on
Q: What made you become a lawyer? What do you wish you knew at my age (15)? How do I become a lawyer? Any pros and Cons?

I am doing an interview for a summer program and would like true answers if possible.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

You are very young now, but it is good that you set your goals so early. When you get to college, concentrate on keeping good grades and when you get to that point, you could look into an exam called the LSAT. For now, you can read about the profession and try to learn as much as you can. Learn... Read more »

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: Can I sue my company?

I work for a home heath care agency and they sent me to a patients house who had bed bugs, I got covered severely in bed bug bites and had to go to the emergency room to get treated for them. My job covered the hospital visit and put me on worker’s compensation. Can I sue my job or the patient... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 9, 2020

You are asking a workers compensation question. The reason employers carry workers compensation insurance is because coverage is exclusive. What that means is that if the employer/insurance company determines that the injury, illness, or occupational disease was caused by or because of or related... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury, Social Security and Workers' Compensation for New York on
Q: is my wife entitled to any part of my Veterans Disability & Workers Compensation?
George E. Patsis
George E. Patsis answered on May 30, 2020

Are you divorcing? Please re-post with more details.

1 Answer | Asked in Workers' Compensation for New York on
Q: I receive Medicare if I settlement on a case will that interfere with my Medicare

Can a lawyer call me

Tim Akpinar
Tim Akpinar answered on Feb 28, 2020

Lawyer doesn't call you. That's not the way this site works. It isn't a lawyer referral service. It's only a question & answer board. If you want to speak with a lawyer or retain one, you have to look one up and contact them. You could look up workers' comp lawyers on... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: If you are injured during a surgical procedure for a major back surgery as a result of a ny workers compensation injury

Who becomes responsible or is it another claim??

Tim Akpinar
Tim Akpinar answered on Jan 18, 2020

I'm sorry for your ordeal with the compounding of your workplace injury with surgery-related injury. If the surgery-related injury is the result of negligence, error, or other factors related to a breach of medical duty, that could possibly establish the basis for a claim based on medical... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on
Q: Can I sue my place of employment for pain and suffering due to a fall while I was pregnant

The fall at Northwell Health Lij resulted in a life threatening situation for my daughter and I , and I underwent 2 back surgeries. I had to leave my home and move in with my parents for financial and medical reasons. It led me to file section 32 which required me to resign, however the resignation... Read more »

V. Jonas Urba
V. Jonas Urba answered on May 16, 2019

Consult with personal injury lawyers. Maybe a third party lawsuit? Constructive discharge is very difficult to prove. You were either able to perform your job duties with accommodation or were not. Did you request any type of reasonable accommodation and if it was reasonable and not an undue... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.