Legal Question in Workers Comp in New York

lower back injury

i exacerbated an old injury from 16 yrs ago case is still opened. my current employer had a restructuring therefore had a new job cause of this .i did the job but couldn't take it no more strain on back. bin out 2 months.

waiting for a hearing have 4 bulging discs no herniated but if i go back to the job im scared i could herniate the disc 's what would you

do if in my perdicament?


Asked on 4/05/08, 10:36 pm

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

Re: lower back injury

I would go to the wcb website and get a change in condition form. Then I would head straight to the nearest sports ortho facility and set an apptment with an orthopod. At the apptment I would explain my situation and have him fill out the form. Then I would fax the completed form to the wcb w/ a letter to place your case on calendar. Once, the case is on calendar your ins carrier will request an ime. Go to the ime. If the ime doctor agrees with your doc... Great then you can start collecting comp. If not, you will have to cross examine the carriers doc and litigate. If my suggestion seems complicated and daunting then get a comp lawyer. If you want to go it alone then at least you know what steps you should take. Good luck.

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Answered on 4/06/08, 8:43 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: lower back injury

You need a workers compensation lawyer. You need to make a decision on going back to work based upon how you feel and your doctor's recommendation. Sometimes it is good to get a second opinion from a doctor. Feel free to contact me, Pasquale Calcagno, Esq. of Calcagno & Associates for a free consultation at 1(800)WE-FIGHT or visit us on the web for helpful information on workers compensation law at www.1800wefight.com. We have convenient locations in all five boroughs.

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Answered on 4/06/08, 11:18 am


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