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I still without lawyers and looking for a lawyer, but now I don't have any time I have surgery this Thursday fusion spinal surgery, and my neurology Doctor told me ask your surgeon to ask for rehab for you after the surgery it will help a Lot , sp...
Sorry to hear about your need for a third surgery! If it is a workers' compensation case and surgery is authorized they should pay for appropriate post-surgical care. There may be a difference between what they would pay for and what the doctor wants, but it is up to your doctor to make a specific request for the type of treatment needed so that you can get that treatment. I wish you the best of luck and if you have any questions, feel free to reach out!See question
I have appealed the initial denial to my disibility aplication. I am waiting for a hearing before an ALJ. How long is the wait in jamaica queens courts?
Currently the average time is about 21 months. SSA has implemented some processes where they are trying to speed up the process with either video hearings, a different office taking over the file, or depending on the conditions you have. Unfortunately, it takes time. Good luck.See question
I been on workers comp since January 2015. I had therapy and all types of injections. They discharged me from therapy because the therapy doc said it wasn't helping. I asked my lawyer if I can close my case. He said there is no settlement? What do...
A "Settlement" will depend on what type of injury you have, what type of lost time you have and so on. There are often many cases where someone can be entitled to medical care and when that is over there is nothing further to do. A little more information would be helpful.See question
I had a hearing on my workers comp case and the judge declared I'm temporarily partial disability. I understand an award of compensation must be issued within 10 days. It has been 12 days and compensation has not been issued. They state there is a...
Hello New York. In general, the insurance carrier has ten days from the filing of a notice of decision to pay an award, unless they are appealing within 30 days. There is no real enforceable rule regarding how long it takes the Workers' Compensation Board to issue a decision, although it usually occurs within a few days of the actual hearing. Once it is issued, THEN the insurance company has to act. Once you receive the payment, you should save a copy of the check and the envelope to prove if it was late. You can request a hearing to address the issue. Good luck!See question
Mr. Welch is correct, ten days from the date the decision is filed. That date appears usually at the bottom right hand side of the decision. If the carrier fails to pay you within the ten days then save the envelope since you can request a penalty for late payment. However, if the carrier is going to appeal your case, they have thirty days in which to do that so you would still have to wait to see what they decide. Good luck!See question
I went out on workers comp in May of 2015 for an injury to my lower back at work. From that I ended up having a fusion with instrumentation on my lower back this past April (11 month later!). Still out of work recovering. Recently my upper back, ...
I am sorry to hear about your problems. If a condition is caused by work you are limited to workers' compensation and cannot sue your employer. Even though you have been out of work for almost a year, if your doctor links the condition to work you can still attempt to file a workers compensation claim for that portion of the claim. As to disability, Social Security will look at ALL of your medical impairments to make a claim and you should make a claim.
If I agree to the amount of the settlement offered from workers comp how long does it take to receive the checks for the settlement and the Medicare set a side in full. Can i use the medicare set a side portion of the settlement for my own use e....
Hello New York: If you have an attorney PLEASE review these questions with him/her. However, here are the basics:
In New York when the Section 32 is approved, each side has 10 days from the approval to withdrawal from the settlement. If the Workers' Compensation Board does not receive a withdrawal then they will issue a final decision. The Carrier has 10 days from that decision to pay.
As to the monies - and this is why I said to speak to your attorney. The monies you receive (settlement and set aside) are yours. You are agreeing to use the set aside money for medical expenses that should have been covered by the compensation claim. You then would report those to Medicare and once exhausted Medicare would pick up payments in theory. If you use the money to buy a house like you mentioned, and then you need medical care, Medicare can deny payment of those bills and so forth.
was at work and a defective machine fell on me an broke a body part. Company know the machine was defective but continue to use it instead of putting machine out of commission. Now I am out of work. how do I proceed with this legally. I know ther...
First - regardless of who is at fault, in general you are limited to filing for workers' compensation benefits against your employer in New York. So one thing to do is file your claim for benefits that will pay for lost time, permanent injury and medical care. Just because your employer may have been negligent in allowing you to still use the machine that is not enough to be able to sue the employer directly.
Second - you can speak with an attorney that handles defective machine (product liability) claims to see if you can possibly bring an action against the manufacturer of the machine or the people who maintain the machine. If it is an older machine and the employer handles fixing it then you may not have any claim.
You should speak with an attorney as soon as possible since you need to protect your rights. Good luck!
On 9/18/15 I was injured my right knee while working. While receiving Workmsns Comp, I was terminated after 5 1/2 weeks because my doctor didn't release me so I could return to work. Finally on 6/3/16 I had an MRI done on my knee and found out I h...
You definitely should speak to your lawyer or consult a lawyer. There are issues about lost wages (receiving the right amount after surgery, etc.), medical care as you improve and settling the case once you heal. Please look into it and good luck!See question
I work for a native owned and operated casino. I was severely hurt on the job working as a spa therapist. When applying for workmans comp I was informed NYS workmans comp was optional and they utilized Tribal First. Tribal First who claims to b...
You likely will not find a lawyer specializing in Workers' Compensation since such injuries unfortunately do not fall under the NYS Workers' Compensation System (you are spot on on the Tribal Sovereignty issue) however, an insurance contract is an insurance contract and you should seek out a civil attorney who could possibly help to determine what benefits you are entitled to, if you can sue and so forth. Good luck!See question