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Camila P. Medici

Camila Medici’s Answers

215 total


  • Do I have a case?

    I fell at my work place on tuesday afternoon. I hurt my lower back and back of my head. I work for a fast food place. I fell in the walk in box because of the uneven floor. I broke my glasses also. I am going to see the doctor by saturday. I am ta...

    Camila’s Answer

    Yes, if you are an employee and your injury happened at work and you were not intoxicated when this injury happened then you have a case and you should file a C-3 form with the WCB. I would highly recommend that you speak with an attorney as soon as possible too, it does not cost you anything and it really will make your case smoother. Comp is a tough industry to navigate alone and you can jeopardize your rights and your financial recovery by not having an attorney.

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  • Can the injury be held against me During a review for a raise or management position?

    Herniated disk at work. Had surgery. Can the injury be held against me During a review for a raise or management position?

    Camila’s Answer

    Legally speaking an employer cannot discriminate against you for filing a comp claim. BUT if for example you can no longer perform as well because of your injury then it is possible you will not be qualified for promotions or raises, and that can all be because your performance may be impacted by your injury, and there is no legal avenue to make you whole on that. There is however a way to get you compensation if your wages go down because of your injury, such as if you are put on a part time schedule or a different role with a lesser hourly wage.

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  • Workers comp injury

    I got injured at work in october of 2015. I hurt my back my right shoulder and my right knee. I received epidural injections for my back 3 so far. And for my knee I was told that I need a repair of torn meniscus. I have a hearing in March at the W...

    Camila’s Answer

    It's ok to leave the country if you have an emergency, emergencies are emergencies and families come first, but it would be very important in this instance to have a lawyer (trust me, I know this sounds self serving, but it is the truth) because you will need someone who has your best interest in mind. Also, how did this injury happen? What type of job do you do? Where were you working? The reason I ask is, many times you not only have a comp claim but also a third party claim, which must be filed quickly as there are statutes of limitations on notice. So it is very important to preserve all your rights, which can only happen with legal representation. It does not cost you any money out of pocket, and you have nothing to lose and everything to gain by getting an attorney. I wish you the best of luck with your situation, I hope your family is well and everything turns out ok.

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  • What should I do first?

    I was injured at work, and my employer instead of turning my injury in to compensation had me go to the doctor and put it under my insurance, and said they would take care of everything! It was an eye injury and I still can't see like I could befo...

    Camila’s Answer

    Since your employer is obviously on notice that this accident happened, then the next step is for you to file a C-3 form to index your claim with the Workers' Compensation Board. You can get that form on the WCB's website, www.wcb.ny.gov. That is also a resourceful website for more information. But the most important aspect of your claim will be your medical evidence, so make sure you always tell the truth to your doctors, and that they in turn fill out the appropriate forms and issue the corresponding medical reports indicating that you have a causally related injury to the workers' compensation accident and a specific degree of disability (which if you cannot work at all should be total). What happened to you (in terms of the employer telling you to lie) is not unusual, but it's very silly unless your employer is uninsured. You would be covered either way, but your employer would be in bigger trouble if he did not have comp insurance.

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  • My workers comp was put in a trust fund at the end of January. So what does that mean for me? Do they send me my checks now?

    Trust fund

    Camila’s Answer

    As my colleagues stated, all this means is that your checks will be coming from a different administrator - the State Insurance Fund. They will be the same amount, but, in my experience, it also means that the settlement potential decreased a little bit. When you are dealing with the SIF (as opposed with whichever prior carrier you had) they simply don't have the same incentive (one of which would have been the upcoming ATF deposit) to settle the case. Of course I don't know the details of your case, and it may well be that you decided not to settle, but there are very few instances in which that would ever be a good idea. Settling your claim allows you much more control over your money, and the aspect of being able to pass it down to your family members via inheritance if something were to happen to you - which is not present while you are just receiving weekly checks. So this is still something you should consider. You just need to make sure you get the most you can for your case to maximize your recovery.

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  • If my father has a possible case or action he could pursue

    My father was ran over by his foreman on a construction job they didn't call ambulance owner of company took him to clinic threatend him to lie about wat had happend he was scared the owner wrote n told him to say a piece of wood fell on his foot ...

    Camila’s Answer

    First of all, I am so sorry this happened to your father. You can get justice for him, all you need is an attorney to help you. There are so many little nuances to this issue given the details you gave that this is too limited a forum, but know that comp attorneys offer free consultations and it does not cost you or your father any money out of pocket to hire one. You have nothing to lose and everything to gain by getting an attorney as soon as possible. Remember, there are many statute of limitations on cases like these, so don't wait. Good luck!

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  • Do i have to look for work or can they stop my checks?

    If you are classified as perm. Partial disabled do you have to be attached to the labor market if your primary Doc still has you at 100% temp disabled and has not/will not release you to work?

    Camila’s Answer

    Yes, if you were classified with a permanent PARTIAL disability (meaning Judge made a finding that you have less than a total degree of PERMANENT disability and therefore could work in some capacity) you would be required to document a work search to continue to be entitled to benefits. But at this point, if possible, the best thing would probably be to settle your claim. That way you would get a lump sum in your pocket and not have to worry about this issue of attachment to the labor market, and you could invest the money and have it earn higher interests than the Carrier will pay you for the duration of the number of years you will be paid on this claim even if you show you are attached. Do you have an attorney? If so then your attorney should definitely be advising you toward that. Otherwise, you should know your comp benefits are not inheritable and will always be subject to these nuances of the law. If you do not have an attorney you should get one, it does not cost you anything out of pocket, and usually comp attorneys offer free consultations so you have nothing to lose and everything to gain by getting an attorney.

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  • The judge ruled yes, but the board of appeals ruled no, what is next after a decision for me not to get back benefits?

    I recently lost my appeal case for benefits because of my inconsistency in the job market. I have been looking for work in the mean time and have documented everything. However what do I expect to happen next?

    Camila’s Answer

    I am so sorry that you are in this stressful situation, it is really hard knowing you are injured, being limited on where you can work and what activities you can do and on top of that be told you don't have rights to compensation. I agree that your next steps should 1) file an application for a full board review to see if you can have them take a look at the board panel's decision, and 2) make sure you send all documentation of a continued work search to the WCB (you can fax your work search to the Board at 1-877-533-0337 without a cover letter and always including your 8-digit WCB number on the upper right hand corner of each page). If you have an attorney then your attorney will be doing this work for you (other than the documenting the work search part which is something only you can do). If you don't have an attorney you should probably get one. It does not cost you anything out of pocket and you have everything to gain and nothing to lose by doing so. Good luck!

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  • Will another lawyer usually take on an existing case?

    Hired a lawyer, never did anything for my case. Was waiting for a settlement Had 2 IME's. Judge sent me letter that he has to intervene because my lawyer did nothing to get case settled. Parties didn't attempt a resolution. This is a wc case.

    Camila’s Answer

    Yes, another attorney may take your case, you just need to find one you like or who has good results and positive reviews to take a look at the facts and see if there is something he/she can do to help you. Workers' Comp Attorneys don't usually charge for consultations, so you have nothing to lose and everything to gain by contacting one. It also will not cost you anything extra or any out of pocket fees to switch attorneys, and the new attorney can substitute the existing one without you having to ever interact with your prior attorney.

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  • Do I have a case of discrimination, workers comp, and practicing medicine with out a license.

    I work at ups . I been call lier and everything that I'm saying its bullshit about my medial condition, my doctor said I may moved a disc in my cervical spine and may pinched a nerve , ( it is that discrimination) and on top of that they are denie...

    Camila’s Answer

    It is very typical of UPS to fight every claim, no matter their veracity. They have very good attorneys on their side, and you should too. Workers' Comp attorneys work on a contingency fee so there are no out of pocket costs to you, and generally do not charge for consultations, so you have nothing to lose and everything to gain by speaking with an attorney. The right attorney will make this difficult situation much easier for you, making sure you get everything you are entitled, keeping you on the loop every step of the way, and making sure they show your doctors are more credible than the Carrier's IME.

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