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Should NY Workers Compensation reimbursed us for our travel expeditures to/from doctors' offices and his pain and suffering?

New York, NY |

My husband works for a state mental health facility where he was attacked by a patient. He had to have reconstructive facial surgery. He has been receiving 2/3 of his salary from Workers Compensation. Our attorney has informed us this is all he is entitled to. Our attorney was paid from my husband's workers compensation which is 2/3 of his salary. We have not been reimbursed for our travel to and from various doctors' offices or pain and suffering. What can we do about this situation because I am confused when it comes to these types of cases. Is this legal?

Attorney Answers 4


  1. An injured worker is entitled to mileage or reimbursement for travel cost. The Board has a form but you may also submit your expenses with our it. The best way to do this is to send an itemized list to the carrier, in this case I suspect SIF on a periodic basis say every two months. If not paid in a reasonable time your attorney may need to as for a hearing. You are not paid however to go to the Pharamacy

    Please remember the answer to this question is in general and without knowledge to the specific facts of your case. You should not rely on this answer when making important life decisions and seek a legal opinion based on your particular facts and circumstances.


  2. He gets reimbursed for travel but he does not get pain and suffering.

    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. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. This is a question for your attorney. You hired the atty to represent you and that attorney should be willing to answer these types of questions


  4. I gather from your question that you have some mistrust for the attorney hired to represent your husband. In this situation you must have full confidence in your attorney that he has your husband's best interest at heart. Generally, the worker's compensation laws in this nation were a compromise between labor and industry as to workplace injuries. One of the concessions from Labor was to give up the right to pain and suffering in exchange for the ability to receive medical treatment and a portion of lost wages without having to prove Employer negligence. This is why you cannot get pain and suffering. Generally travel for medical related appointments are reimbursed under worker's compensation. Meet with your attorney and make sure you understand his advice, which appears to be very sound.

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