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New York Workers' Compensation Questions & Answers
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 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.

1 Answer | Asked in Workers' Compensation for New York on
Q: What are the chances of workmans comp settling for a lesser amount on fine imposed on business for not having insuance

My father had a fine imposed almost ten years ago for not carrying insurance. He deeded a piece of real property to me and judgement carried with the property. I plan on selling the property and using the money to help take care of him. I wanted to contact them and see if they would make a deal for... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

Hire an attorney to negotiate rather than attempt to do it yourself. You want to know the chances? One cannot answer this without investing a bit of time in trying to negotiate a resolution.

1 Answer | Asked in Workers' Compensation for New York on
Q: what if i can not return to the same line of work

im on wrkers comp for aback injury. i am a hotel housekeeper & dont think i will be able to return to the same line of work. what are my courses of action

John M DeProspo
John M DeProspo
answered on May 18, 2015

Do you have a workers compensation lawyer representing you? If yes, you should direct your question to him or her. If you do not have a lawyer, you should contact one regarding representation.

1 Answer | Asked in Workers' Compensation for New York on
Q: I have to have carpal tunnel surgery and my surgery is already scheduled I have used my insurance to pay up to this

Point can I file a claim or am I passed that point

John M DeProspo
John M DeProspo
answered on May 13, 2015

If your injury is work related, you should contact a workers compensation lawyer ASAP.

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... View 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... View 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... View 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.

1 Answer | Asked in Workers' Compensation for New York on
Q: Is vertigo covered by workmans comp while on job driving
Vel Belushin
Vel Belushin
answered on Sep 12, 2013

If the vertigo was caused be something in the workplace or on the job. You need to consult with a workers compensation attorney.

1 Answer | Asked in Workers' Compensation for New York on
Q: My worker's compensation benefit was suspended because I didn't get mail to make a doctor's appointment

My job terminated me. Why? What can I do?

Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

Contact a NY work comp attorney immediately. They may be able to assist you. However, it is your responsibility to make dr appointments and notify your employer in a timely manner. I am sorry to hear you were terminated.

1 Answer | Asked in Workers' Compensation for New York on
Q: Will I have to testify at a Worker's Compensation hearing?
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answered on Jul 20, 2011

That is very likely. The judge needs to hear testimony to determine what percentage of disability to award you, as well as to determine what amount of wages you are entitled to while you are out of work.

1 Answer | Asked in Workers' Compensation for New York on
Q: What will Worker's Compensation pay if I am hurt while working?
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answered on Jul 20, 2011

Worker's Compensation will pay for your hospital and medical expenses, as well as a percentage of your lost earnings.

1 Answer | Asked in Workers' Compensation for New York on
Q: Do I have to pay back Worker's Compensation for my medicals and wages out of my personal injury case?
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answered on Jul 20, 2011

Yes. You have a Worker's Compensation lien if Worker's Comp has paid medical bills and lost wages. Under Section 29 of the Worker's Compensation law, you must pay back 2/3 of that lien to the Worker's Compensation carrier, unless the carrier agrees to waive some or all of the... View More

1 Answer | Asked in Workers' Compensation for New York on
Q: I am a disabled american and have aplied for workers comp. I need help with finding a lawyer to help me
Mark A. Siesel
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answered on Jul 8, 2011

I would suggest you contact the local bar association in the county you live in to help you find a Worker's Compensation lawyer in your area.

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