I was injured during doing the job with the same union. Since that I can not return to work due my injuries. I'm permanently disabled because of that accident. Me and my family(wife and small child) were provide with health insurance and was grant...
Unfortunately this is outside the scope of workers' comp. You need a labor lawyer or contract lawyer to review your union contract and see if their actions violate it. Generally speaking, there is no legal protection against loss of health insurance when someone is out on comp. But it may be that you have a union contract that provides some protection. I'm so sorry this happened to you. I wish there were laws that protected people a little more in these circumstances.See question
I am barely making ends meet wanted to know if I can get some of my settlement before it settles in New York state
I'm confused with your question...you are always entitled to settle your comp claim unless you have a third party claim in addition to comp and that case has settled and now your comp case has that as a lien before payments resume, and even then there are ways to settle for something. You definitely need the help of an attorney on this one. Only an attorney can make sure you get everything you are entitled.See question
I underwent acdf c567 and have a bulging disc at L4l5. I need a shot in lumbar section for treatment and the ime states that I have a back sprain and am at MMI. WHY is he disregarding my neurosurgeons request for treatment of the lower back. I hav...
IMEs usually say whatever the carrier wants to hear. The Carrier may be looking to close your case soon. Your attorney should be requesting a hearing and perhaps depositions will be necessary in which your attorney will have to show that your doctor is more credible than the IME.See question
ive had surgery on both wrists and my right hand is worse then before surgery and been back to dr many times . the last time there dr said theres nothing more we can do . just got letter from comp stating I have 25% loss of my right wrist . this i...
Hi there, it depends on many factors, like the IME's opinion of % SLU, your average weekly wage, how many weeks of payments you already received while out of work that the Carrier will take as prior credit, how many of those weeks were paid at the total rate, etc.See question
comp case since last year
After the stipulation is signed, it must be submitted to the WCB and a hearing must be scheduled for a judge to approve it. Once it is approved by the judge, a notice of decision has to be published. Your check is due to you within 10 days from the date of the filing of the notice of decision. You can see this date at the bottom right hand corner of the published decision once it is mailed to you.See question
Just wanted to know if I will loss comp pay. Watsaw
As long as you made it clear that you are involuntarily retiring due to the physical limitations caused by the work related injury you should be fine. Any work stoppage that is attributed to the work injury and its limitations will keeo you covered.See question
I have been out of work since April 6,2016 due to disability & work related injury. The work related injury is covered under worker's comp. I am currently on a leave of absence.I need to know what words to use. Medical retirement? medical leave? I...
If you have counsel that person is the best source of information on what steps to take and language to use, but generally speaking, you should make sure your employer knows that you are out of work due to the work related injury and the physical limitations it imposes, and if you are never returning, you should say you have involuntarily retired from your position due to your work related injury.See question
Had surgery on shoulder on approved workers comp. claim. Back to work after 5 weeks.Shoulder re-injured(not at work). Judge ruled it same injury, new surgery approved. Scheduled surgery in couple of months. Before surgery, there were some issues w...
If you had an established comp claim, and an approved comp related surgery, then yes, you would be entitled to receive checks for total disability after you heal. Perhaps the attorney meant to say that you will not get checks for the period between when you were laid off and had the surgery, unless you were laid off for reasons related to your physical limitations due to the work related accident claim, but according to your question you were laid off for unrelated matters. The attorney is correct however to say that you would get more money by returning to work as soon as possible after surgery to another employer and collecting your regular wages instead of comp, because comp wage benefits checks will be reduced from your schedule loss of use award that you will receive at the time you reach maximum level of medical improvement. Make sure you have appropriate legal representation at such time to ensure you get the most amount of money possible. But to answer your question, yes, there should be no problem cashing the check you received.See question
neck and back injuries ,lower back.
Do you have an attorney? Because this is the type of situation in which an attorney would benefit you. There are no out of pocket costs to you so you have nothing to lose and everything to gain. Your attorney can make sure any settlement offer is negotiated and that you get the most amount available.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...
It could mean that all you schedule loss of use award was already consumed by the Carrier credit from prior payments and there is no interest in the Carrier to settle the medical, it could mean that the Carrier is a self-insured employer like MTA or NYC Law Dept which don't settle claims, it could mean you have not yet reached maximum level of medical improvement, etc. There are endless possibilities. Your attorney is certainly the best one to answer it.See question