Legal Question in Workers Comp in New York

back injury
I injured my back on 9/28/04,I was told I have 3 buldging disc L3 L4 L5...I was home with treatments and PT for 2 months,,,,, I returned towork til 010807 the whole time i was going to chiro and receiving injections,,,,, I have beeen off since uable to work it took 10 months to get a judge to say I was 50% temporialy disabled I also won the right to obtain a new treatment called DRX 9000....I have since finished that treatment with some relief,,,I wanted to know how this allworks where does this go from here? I am not a candiate for surgery I am going to have to , live like this....Am I able to work to make any money I can not live on 1/4 of my pay I am a nurse and can not go back to lifting patients or sitting all day.....i do not want to return to my former employer,,,

Asked on 9/18/08, 10:01 am

2 Answers from Attorneys

Michael Stacy Law Offices of Michael P. Stacy

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Re: back injury

The law actually encourages you to work with the hope it will lead to eventually getting off the system. So the answer is yes, you can work and still collect compensation provided your earnings are lower than they were on the date of your injury. However, you do have to prove your injury is the cause of the reduced earnings. It is not presumed that your injury automatically caused you to take a lesser paying job. That generally means you may have to show you are not intentionally not earning less or working fewer hours just to keep getting compensation. Also, you may have to at least give your old employer a shot at providing you with a light duty job. What ever you do, if you return to work, always, always, always report it as soon as possible. Failure to do so right away may result in a claim of insurance fraud that could mean losing your benefits and even some criminal penalties. Good luck.

Answered on 9/18/08, 3:04 pm

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