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What happens in NY worker compensation hearing?

Flushing, NY |

My job mail resignation/termination form and why is that? When returning to the work force still get worker compensation settlement for neck, back injury and had knee surgery?

I have disc herniation in Neck and Back.

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Attorney answers 4


You're question is somewhat unclear - but I would contact a workers compensation attorney in your area ASAP and they should be able to answer your questions. Take a look on Avvo or contact the local bar association for a referral. I believe Workers Comp attorneys work on a contingent basis so it should not cost you anything upfront to have one represent you.

Best of luck.

Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. ( The answers posted herein are not legal advice and does not create an attorney-client relationship.


Looks like two questions:

1) You can be terminated from work even if on workers compensation
2) Depending on your injuries and whether they are permanent and what, if anything, you are earning when you do return to work will all be factors when determining what, if anything, you may be able to recover as a settlement.
You should definitely speak to an attorney in this matter.

Good luck!

EVERY case is different. The answers provided here are general and not related to the specifc facts of your case. I am not your attorney and if necessary you should seek legal counsel. This answer is NOT to be considered legal advice and there is NO attorney client relationship implied from this answer.


Absent protections under the Family Medical Leave Act (FMLA) your employment may be terminated after your injury. If otherwise qualified you may be entitled to Unemployment Benefits if you have a partial disability or you have recovered and your employer no longer has a position open.
Whether, or not you are likely to receive a Schedule Loss of Use say for your knee injury or an award for your permanent impairment due to your neck and back injury is hard to say. Both are dependent on a number of things not set out in your question.
Permanency, is very important and complicated, it is likely that you will need professional assistance especially if you case involves injuries to you neck, back and knee.

Please remember the answer to this question is in general and without knowledge to the specific facts of your case. You should not rely on this answer when making important life decisions and seek a legal opinion based on your particular facts and circumstances.


Dear Madam or Sir in Flushing, my ancestral home:

Not to make too fine a point, but your question doesn't really explain your problem.

If you resigned, I hope you said the reason was because of the accident. If you are not working, make sure you have your doctors submit periodic medical reports at least every 6 weeks that say you are disabled because of the accident on the job.

Good Luck

Leonard Feld

The foregoing is based on the little information provided; additional facts may change the comments given.