Legal Question in Workers Comp in New York

Not unless you go to a hearing and get the Law Judge to credit your time back. But you should know that you will only be credited at the compensation rate commensurate with your degree of disability. For instance, if your employer pays you $600 week and you have been out for 4 weeks and your doctor and the insurance company's doctor find that you were totally disabled for those weeks you would get $400 week (66.6% of your salary up to the maximum statutory rate) for 4 weeks or $1,600 back in sick time. On the other hand if your doctor finds that you are totally disabled and the insurance company's doctor found that you were not disabled and you compromised to a 50% moderate rate. You would get $200 a week for 4 weeks or $800 back in sick time.

I hope that this helps you understand compensation a little bit. Good luck with your case.