I am currently on workmans compensation and I have been since getting injured at Walmart. While lifting up a pool with another associate I injured my neck. I have recently found out Walmart terminated me without even informing me. Well my question...
Absent a union contract stating otherwise (and Walmart has fought off unions for year) you have very little protection. Under the Family and Medical Leave Act, your job is protected for 12 weeks. Beyond that you are an "employee at will" and your job can be terminated (1) for a good reason, such as your continued absence and ongoing medical treatment is evidence you can no longer do the work, or, because you have not kept in touch with the company and they assume you have abandoned your job; or your move to Florida indicated you abandoned your job, or (2) for any reason whatsoever, since you are an employee at will you can be discharged for any reason except a federally "protected" reason such as age, religion, gender, race; some cities like New York, San Francisco and others also protect "sexual preference" and "gender identity." You can be fired merely because you filed a comp claim. That violates section 120 of the workers comp law, and you can file a complaint. You'd have to prove you were fired in retaliation for bringing a comp claim which is very difficult to do. If successful in such a case, you could get money from Workers Comp and maybe your job back. Those cases are darn near impossible to prove, because Walmart would have a good defense for the reasons I listed. I doubt, given the circumstances you have described, any attorney would want to represent you because the claim would appear to have little merit. If you intend to stay on comp you must remain under the care of a Workers Compensation Board "coded" physician. If you are living in Florida, you will have to find one there. There aren't many, but there are some throughout the state, given the large numbers of former New Yorkers who had to move because they could not afford New York any longer on the amount compensation is paying them. You don't describe how serious your injuries are, but if you can't do any other type of work, such as desk work, you should consider applying for Social Security Disability if you think you will still be out of work in May 2017. To get Social Security the Disability needs to last or have lasted at least 12 continuous months.See question
My back injury happened 2007. In 2010 and 2013 Had disc disease diagnosed then 2016 current accident that mris show new injury and some denerative minor issues. Do I gather all records? thank you
That's not a bad idea, as you want your own doctor to be fully informed as to your prior situation. He will be asked for an opinion, You should be aware, that your position should be the employer takes you as he finds you through the time of the 2016 accident. Your wage earning capacity on that date reflects what you were able to earn with pre-existing injuries that did not impact your ability to earn your 2016 salary. You want your doctor to be able to put as much blame as possible on the recent accident as the cause of your disability and aggravation of pre-existing pathology. The insurance carrier's doctor will try to argue your problems stem from the prior pathology, and the recent accident only causes minor aggravation or acceleration of no clinical significance or only of temporary clinical significance. I would strongly advise you to have counsel. You will not be able to handle cross-examination of the carrier's doctors.See question
Just wanted to know if I will loss comp pay. Watsaw
I agree with the above answer, however, you should cover yourself by making an ongoing bonafide job search for something within your remaining functional capacities and educational attainments. At this point, you should also file for Social Security Disability. You can file for reduced retirement while the disability is pending, but if you are denied disability after exhausting all levels of appeal, you will only have the reduced retirement rate which will affect your normal age 66 retirement. You should contact the New York State office that handles vocational counseling ACESS-VR for guidance on the job search process. If you ae in fact ready willing and able to some work, but not your past work, you may be eligible for unemployment, but again you will need to show the job search or a what is called "continuing attachment to the labor market," without knowing more facts about your injury all I can do is give some general pointers which may have already confused you. I urge you to get an attorney who practices Workers' Compensation AND Social Security Disability. even if you have to go as far as Rochester or Buffalo. Perhaps there is a lawyer listed here on AVVO with the expertise you need. Or, if not, Y=you might want to contact the Injured Workers Bar Association for help in finding a specialist lawyer closer to you, they have information on the website: http://www.injuredworkersbar.org/See question
Hello, this is reg. a work compensation case in NY, the left ankle fracture occurred 2 years ago which required 2 surgeries in the left Ankle and lot of Suffer and pain. I completely understand that there is no one here that can predict a se...
I agree with the other attorneys, however, I think your question is "if I have a 30% loss of the foot, what can I expect from Workers Compensation. If you had 100% loss of the foot, you would e entitled to 205 weeks of compensation, so 30% equates to 61.5 weeks of compensation, less any money paid to you while you were out. So if you were out for 10 weeks, and were paid workers' compensation during that time, you would get an additional 51.5 weeks. However, there may be additional money due you if you had a protracted healing period, or if you had more than one job. If the carrier made payments while you were out, did they use the correct Average weekly wage upon which to base your weekly rate of workers. compensation. It's to your advantage to secure counsel if you haven't already. They will explore all of this with you. If you were out of work more than 12 months you should also explore a "closed period" of Social Security Disability for the time you were out.See question
neck and back injuries ,lower back.
I agree with Len Feld, but a lot depends on your age and life expectancy in addition to the cap, however you indicate you are permanent TOTAL? Are you sure? Total disability classifications are very rare in NY, If you are PTD, generally those cases don't settle. If you are represented by counsel you need to have a talk. You can tell your lawyer your bottom line to settle and ask if he/she is willing to negotiate further. They may say that based on your age, this is a good number, or they may say it's a lousy number and don't accept it. They may counsel you to accept NO settlement of any sort that the carrier is willing to offer. If you are not represented, you are making a big mistake, the carrier (by nature) will try to take advantage of you. If you are not represented secure representation by a workers' compensation attorney if you are going to want a settlement.See question
The IME gave me a 67% permanent partial disability. I now have to go to my Dr for a scheduled loss of use rating. What is my award based on, the scheduled loss of use rating? If so what is the IME rating used for?
IME's are used for several purposes. In this case I imagine the carrier wanted to know if the case was ready for scheduling which suggests your doctor did not yet address the issue, or did not respond to an inquiry, or has not filed a recent report. The IME will address if you still need treatment, if so the case is not ready to schedule. Ordinarily the IME is obtained after your doctor suggests a percentage, but in this case, it appears if your doctor comes in around the same %, the carrier will readily try to close out the case. If this is a schedule loss to a major extremity, such as a hand, wrists, arm, shoulder or leg, and you did not lose an inordinate amount of time you could be looking at a big award. If this is not an extremity case, but is a back or neck, that would, as Mr. Feld pointed out (above) refer to a % of overall disability. With this flows certain rights and complications. In either case you would be well served by gettiing an attorney, because I can think of many defenses a carrier can raise to try to not pay you. Good Luck. Make sure you get a workers compensation attorney. It's a very narrow area about which most lawyers haven't a clue, and even less interest in.See question
Is that money protected
Generally yes. Be sure to put it in a separate account, and notify the bank the account is for workers comp benefits only. It is protected from general creditors in that it is not attachable except for child support or Federal liens like unpaid student loans, taxes. You need to discuss this with your bankruptcy attorney as well.See question
My husband works for a trucking company he was hurt pretty bad about 5 years ago and went back to work there . what had happen was he was on a fork lift loading a trailer and the truck driver pulled away from the dock and he fell off the dock in t...
You did not indicate if the trucker worked for his same company or a different company. If the trucker worked for a different company, you'd have three years in which to bring a lawsuit against them. You have two years to bring the comp case as pointed out by the other comments. You can have a comp case and a lawsuit. If your husband filed a workers compensation when he was hurt, he'd have 7 years to seek a ruling establishing the case. So as long as a case was filed with the NYS Workers Comp Bd within 2 years, he could still pursue it. Once a case is established you can reopen within 18 years with proper proofs. You should consult an attorney and bring in any papers you have. There are some exceptions to the Time Limits. For example, if the employer paid the medical bill when your husband first got hurt, with knowledge it was paying for an on the job injury.See question
I bought a chocolate bar from my local Pret in London UK. I ate a piece and looked down to see there was a bug in the wrapper. I looked closely and it was actually eating the chocolate. I felt sick and spit out the chocolate I took pictures,...
This is not a workers compensation issue, you apparently are seeking general damages in tort. The English system as I understand is different than ours. I do not believe attorneys take such cases on contingency there, they charge hourly. I would good London UK Barristers and Solicitors and see what comes up, maybe there will be an advertisement or a number you can call to ask a question of someone who practices law there.See question
I was working at a job, which suddenly forced me to wear dress shoes all day. The job requited going up and down steps etc. I was in a lot of pain very day which I was very vocal about. I was let ho from the job in July an the pain has been gettin...
You have two years in which to file a claim in New York State. The longer you wait the stronger the employer's defenses such as "afterthought" "retaliatory claim filing" "failure to show a causal relationship" "no notice within 20 days," will become. But so what. That's what workers' compensation attorneys deal with every day. In all likelihood, the claim will be contested. The Workers Compensation Board is there to adjudicate contested claims and there are plenty of them. Don't be afraid to pursue the claim. Get a worker's compensation lawyer. They work on contingency, meaning the only get a fee if they get you money. Be sure to see a workers' compensation authorized ("coded") doctor and make sure to get a report (C-4) showing your condition is "casually related" to the history you described above. Good Luck.See question