I have a permanent disability.
Did you mean "can I SUE a comp ins. company for failure to provide court ordered benefits?". The short answer is yes, in America you can sue anyone for anything, but prevailing is a different story. When the insurance company delays payments or does not provide the benefits directed by the judge your best option is to file an RFA-1 requesting another hearing and getting penalties bestowed upon them. These penalties are sometimes paid to the claimant and sometimes to the state and sometimes to both, depending on what was delayed.See question
I was injury on job fall on floor and have problem L3 L4 L5 L1 L2 doctors have said Ian 100% disabled
It is very unusual for your own attorney not to help you settle the claim. There must be a reason for it, for instance, perhaps your employer is self-insured and does not have an interest in a Section 32 settlement, or you have stated you want an impossible number to achieve, etc. You should certainly discuss this with your attorney first, and if you still are not happy with his/her response, finding another attorney should not be too difficult. You can use the find a lawyer tool here on Avvo or speak with your doctor to see if they recommend you one.See question
At hearing it came out that employer fired me for filing a claim do I have a case
You probably do, and you should contact an employment lawyer right away. You can use the find a lawyer tool on Avvo to do that. It is illegal for an employer to fire an employee just because he filed a workers' comp claim. Good luck!See question
I have not received any benefits yet. I received a letter in the mail on 10/2/15 requesting that I have a MRI, CT, EMG, Diagnostic Ultrasound and another Xray. My Dr has not ordered an MRI because he said WC is difficult to get to pay for this th...
You should contact an attorney immediately, irrespective of these letters. If you have a back claim and you are out of work because of it then you should retain the help of a workers' comp attorney because 1) it does not cost you anything out of pocket for doing so, 2) it makes the case run much more smoothly than if you are representing yourself, 3) there will always come a time in which the help of an attorney is needed for litigation purposes or negotiation purposes or rebuttal/appeal purposes and the judge will tell you to get one anyway so you might as well have one from the beginning. Good luck!See question
My husband was injured in July 2013 at work and had an open workers comp case and worked until October of that year. He then went out on leave and had surgery his shoulder the following July 2014. He went back to work that October 2014 and was fir...
I am so sorry to hear about your husband's situation. It is illegal to fire an employee as retaliation for filing a workers' comp claim. The only thing is, the burden of proof that such was the reason for the termination is on your husband. You will definitely need the testimony of this co-worker, and that can sometimes be difficult to get because he may fear for his job - even though he is protected as a witness. You should contact an employment attorney. I know quite a few great ones and you can find some based on reputation and proximity to you here on this site using the find a lawyer tool. Best of luck!See question
I have been working for this company for 5 years as a handy man and i injured my neck and my back on the job i have been out on comp for 1 year and 3 months i gave them a letter from my doctor that said i can,t bend my neck to much or lift any...
This is when you need an employer lawyer - not a comp lawyer - who can review your union contract and determine whether any terms were violated. Absent an employment contract, or if no terms were violated, while the employer cannot terminate you FOR filing a comp claim, they can terminate you WHILE you are out on comp if they need to hire a new person to replace you.See question
OUT 4 YEARS WC NY,ALSO APPROVED SSDI WITH MEDICARE, BAD BACK .MSA APPROVED AMOUNT BY CMS . I WANT TO KNOW IF YOU ONLY GET MSA AMOUNT IF YOU SETTLE CASE BY SEC 32. IF YOU WANT TO SETTLE LWEC WAY WITH SET amount of $ PER WEEK FOR SET AMOUNT OF W...
The MSA only comes into play if you are approved for SSD and settle the claim with a S-32 settlement. A PPD classification will simply entitle you to continued medical benefits paid for by the Carrier but subjected to the Medical Guidelines.See question
I'm in a workers compensation case, a settlement offer is on the table that includes waiving rights to any further medical assistance, does the fact that I filed and was denied for social security going to affect or cause the settlement to be canc...
No, it should not affect your comp settlement.See question
Reason did all the math and formulas should of held out for more money about 30 grand more. If I back out what are chances of getting ins company to come up or do they get mad and try to screw with me, any help from past exp would help thanks.
I have never had a client do that either, and frankly, as my colleagues have stated, the Carrier will most likely not increase their offer so backing out is probably a bad idea. You should definitely speak with your attorney about this.See question
er agreement for the following reasons indicated below because an attorney fee of 450 is being requested form OC-400.1 Application for a fee must accompany the 32 waiver agreement pursuant to 12 nycrr 300.36(h) my lawyer said we have a WCB hearing...
This just means your attorney has not yet sent in the detailed fee application that must accompany the Section 32 paperwork. But I am sure they will. And you will be paid once your section 32 settlement is approved by the law judge at a hearing and after the 10 day waiting period is over.See question