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Can I sue for pain and suffering?

New York, NY |

I live in PA but work in NYC. In May 2007, I injured my right shoulder, arm, neck and lower back on the job. I was referred to a workers comp doctor who began requesting approval for treatment. I continue to visit the doctor every 6 to 8 weeks. Each visit he tells me he is still waiting for approval to begin treatment. To date, I have not received any kind of treatment for my injuries. A few months ago, I began pushing my workers comp attorney to look into what was taking so long to get approval for treatment. He discovered that no requests had been made by the doctor. I have been suffering for 3 years. I am taking all kinds of pain medications daily. I have been unable to return to work and am in the process of loosing my home. My entire life has been altered. Do I have a case?

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Attorney answers 3


I suggest you contact your workers comp attorney as soon as possible on this. If you do not receive a satisfactory answer then ask him or her for a referral to someone who can answer that question and pursue any remedies that are available to you. Good luck.


In my opinion you have no case because you have no treatment, and in any event you were injured on the job. Why did you wait almost 3 years to reach out to your attorney? Have you been working all this time? Something does not add up.


Yes, you have a workers' compensation case. You need to have a workers' compensation attorney. While it's been almost three years since your accident, you can still pursue your remedy from your employer's workers' compensation insurer. I have several workers' compensation attorneys in my office to whom I can recommend you. Please feel free to contact me at my toll free number, 1-888-LAW-WIRE (1-888-529-9473).

Depending on how your accident occurred, you may also have a case against a third-party for liability. Unfortunately, there is no way to tell from the facts as you describe them, as all you say is that you injured your back on the job. If you injured your back on the job due to a third-party's negligence or other fault, such as the collapse of a scaffold on a construction site, you may be able to bring a claim for third-party liability. The problem is in New York there is a 3-year statute of limitations on negligence, so if you are interested in pursuing such a remedy, you must act quickly or you will run out of time.

If you would like to discuss it with me further, please feel free to contact me.

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