Legal Question in Workers Comp in New York

Original injury sustained October 2001.

I injured my back while working at the hospital as a nurse. At that time, I filed a claim. I was diagnosed as having a lower back sprain (although no imaging studies were done). I never received any types of therapies. It wasn't until I stopped working at the hospital that my lower back pain became a concern. I finally had an MRI in 9/2007 (approved through my private insurance) which was positive for 2 herniated discs (one w/ an annular tear). My chiropractor said the results were not concerning. This past weekend I was seen by another Chiro who reviewed my MRI results and stated it was ''pretty bad and I may need surgery especially if I want to have children.'' My question is will worker's comp (NY) pay for the surgery? How difficult will it be to reopen my case? Excluding the 3-4 weeks I was out of work when I sustained the injury I have been able to work.... Is worker's comp only for those on disability?


Asked on 6/03/08, 7:02 pm

2 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Original injury sustained October 2001.

Question... did you originally file for workers compensation back in 2001? Do you have a Workers Compensation Board #? Please answer these questions for me and I can assist you further.

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Answered on 6/04/08, 1:56 pm
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: Original injury sustained October 2001.

You really need to consult a workers comp attorney ASAP. Do not delay, as the clock is ticking on your case.

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Answered on 6/03/08, 7:51 pm


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