Legal Question in Personal Injury in New York

unable to work due to motor vehicle accident on the job

Hello,I was driving bus at my job, someone ran red light hit me . went home from work shaken up not feeling any pain but in my knee. I woke up and was in pain, shoulder, Knee,back, and neck making popping noise when i turn. not too much pain in neck and back though.I took some pain med. The next day, it was an snow storm and state of emergency. My wife wanted to take me to er but I took more pain pills instead. The next day, my wife convinced me to go to Dr because the pain wasn't going away. Went to dr office,sent back home because due to weather Drs was not it.MVA happened on the 17 of Dec. Finally saw the Dr on the 22nd.Dr gave me some pills and told me to rest.Because my knee was still hurting I went to orthopedic, they gave me xray, the wire I had in my knee previously was now broken. The orthopedic dr saw me for about 2 min to tell me to take pills he give me and thats it. he said i can go back to work but i am having too much pain and pain meds make me feel bad.I went back to my Dr. he put me out of work for 2 weeks until mri for shoulder. also my job will not give me any no fault info for Drs. they told me to give job info. my wife told me report to workers comp,I did. The job said no paycheck+ I have to fill out 4 FMLA


Asked on 1/08/09, 4:26 pm

4 Answers from Attorneys

Re: unable to work due to motor vehicle accident on the job

You have a workers' comp case although you should submit a no-fault application too. I would be happy to review your case and refer you to some doctors who will give you good care if you are not happy with your current doctors. Feel free to contact me.

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Answered on 1/08/09, 4:40 pm

Re: unable to work due to motor vehicle accident on the job

It sounds as if your wife was correct in having you report this as a workers compensation claim. If you were driving a bus as part of your employment and got into an accident, your medical bills would be paid by workers compensation. If you have a "serious" injury, as defined in the law, you can also sue the owner/driver of the car which hit your bus. Best, M. E. Zuller

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Answered on 1/08/09, 4:45 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: unable to work due to motor vehicle accident on the job

You should immediately do two things a) get a workers compensation attorney and b) get a personal injury lawyer. Do not listen to your boss file for workers compensation immediately!!!! You only have 30 days from the date of accident to give proper written notice.

If you are located in the New York Metro area give me a call. I handle both workers compensation and personal injury cases. I will make sure that you obtain compensation while you are out of work and simultaneously place your case in suit to obtain a monetary settlement. Please give my office a call as soon as possible.

If you are not located in the New York Metro area contact your county bar association immediately.

YOU NEED A LAWYER NOW!!!!!!!!!

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Answered on 1/08/09, 5:02 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: unable to work due to motor vehicle accident on the job

I am very sorry for your terrible ordeal. It appears that you probably have a workers compensation claim and potentially a third party claim as well. Kindly contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. We have convenient locations all over New York. You can also visit us on the web at www.1800wefight.com.

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Answered on 1/08/09, 5:59 pm


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