In cases where your employer has no insurance, the workers' compensation process is lengthy and complex. You need an experienced attorney. If you already had a hearing and have an upcoming trial, it is likely the Judge held your unbiased orthopedic report to be prima facie medical evidence. If the history in the report is inconsistent with the hospital report, then a question of fact exists and will need to be litigated. Likely, the doctors will be directed to testify on the issue. If your case is established, your uninsured employer will be subjected to harsh monetary penalties from the WCB. As such, there may be motivation to come to an amicable settlement. Please consult with an attorney who has experience handling Section 11 settlements. All the best and good luck.
You need the services of an experienced worker's compensation lawyer to protect your interests and there are several on Avvo who regularly answer questions on this forum. Use the Avvo find a lawyer tool to locate a worker's compensation attorney in your community and be sure to consult with this attorney well in advance of the next hearing.
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.
Dear Madam or Sir in Glen Cove:
Your message is somewhat garbled and we'd suggest you retain an attorney who specializes in workers' compensation law. There are going to be several Hearings and testimony of witnesses.
If your Employer was not insured for workers' compensation, there is a Fund (UEF) which will pay as long as your accident is formally "established" by a Judge after a Hearing. There may also be testimony as to whether or not your Employer did have valid insurance on the date of accident.
You should assemble your W-2 or 1099 for the one year prior to the accident and/or all paystubs. In such cases an uninsured Employer sometimes denies being your Employer altogether, or claims you were an Independent Contractor not an employee.
If you did not file a tax return for 2012, you should file a late return now, voluntarily declaring your income even if you did not get a 1099 or W-2. The IRS has a "form" for such cases. By filing the return for your 2012 earnings (and also filing for your 2013 earnings when it is time) you are showing the Judge that you were, indeed, an employee, also proving the amount of your earnings.
If you are not working because of the accident, you MUST MUST see a doctor at least every 90 days and he must send a report saying you are disabled from working because of the accident at work. We assume you have already seen a doctor after the Hospital and given a history of how the accident took place at work, etc.
Save your text messages to show the Judge.
The foregoing is based on the little information provided; additional facts may change the comments given.
Sounds like you have a challenging claim for which you'll need an experienced lawyer to organize and present it to a judge. Try consulting with a nearby workers' comp attorney in Jericho (hint, it's Mr. Feld).