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I tore my meniscus in my right knee at work, in April. workers comp is denying my claim .how can I get this moving ASAP ?

Huntington, NY |

I did this in April of this year ,so I went to the doctors to see if it was just water on the knee. He said put ice on it at night for a week and if it doesn't go down ,We'll take an M.R.I . So it didn't go down and had the test done and found it was torn. I'm not sure how it happened ( I didn't feel it pop or slip on anything) Just the following weeks it felt like it was (my knee) falling out of the joint and making a crunching noises when I bend my knees. I'm a plumber so I'm on my knees a lot (like 80%) of the time. So they're denying my claim, because on how I hurt it was to vague .Does the M.R.I show that it's a fresh tear ?and should I try another lawyer ,because I think the 1 I have is not doing the job he should be doing? and should I get another doctor to? im broke because this

I was working a long day and didn't even known I tore it that day. I woke up the next day and my knee was swollen.(I just thought it was water on the knee) So I worked for the rest of the week and it didn't go down. The doctor will not sign off on me going back to go back to work . So I can't work and have no income.

Attorney Answers 6

Posted

Contact a workmen comp lawyer and a disability lawyer to review your options. Workmen's Comp is if you are hurt at work and disability is if you can not work.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

Even here, you have NOT told us HOW you injured yourself. Any attorney should have explained that without a mechanism of injury, it is not possible for any doctor to render a causation opinion. Without that, you are and will remain at a standstill.

The questions you are asking should be put to YOUR attorney. Isn't that why you are paying him?

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

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Posted

Hire a workers comp lawyer.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

The most important thing to do to accelerate your claim is to provide the Board with a medical report stating that you were injured at work and your diagnosis. Once the Board receives a medical report, it will "index" your claim which will trigger a time limit for your employer's insurance carrier to officially respond to the claim which will then result in an expedited hearing if they controvert the claim.

It is perfectly valid and meritorious to claim that the nature of your work caused your injuries as opposed to a particular event or accident, and even if your claim is "vague" this is not a legal defense to a Workers' Compensation claim.

If you are claiming that your meniscal tear resulted from your work you should be treating with a physician who is coded by the New York Workers' Compensation Board. There is an exhaustive list of coded physicians on the Board's website.

From your description it sounds like there will be hearings and litigation in your claim. It would be advisable to retain an attorney who then may be able to refer you to a reputable, coded physician.

There is no attorney fee in a Workers' Compensation claim unless the attorney's work results in an award to you, and even then, all attorney's fees are subject to the approval of the Workers' Compensation Board. Attorney fees are deducted from your award and paid to your attorney directly by the insurance carrier. There is no fixed attorney fee in a Workers' Compensation claim, however, it is customary for a claimant's attorney to request between 10 percent and 20 percent of the award that moves to you because of the attorney's work.

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Posted

You should contact a workers compensation attorney in New York. You may also be entitled to social security benefits as well. I will be happy to discuss

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Posted

What you do is retain a local WC lawyer

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