Legal Question in Workers Comp in New York
penalty for delay?
I was injured on the job in 1995. After numerous hearings the insurance company was ordered to pay for two surgeries in 1999. Since then they have cut my benefit to $133.33 per week and have held in abeyance four years worth of payments. At the last hearing in December 2000 all issues were again postponed while we have another round of medical examination, even though their doctors have already reported a continuing and permanent partial disability. Is there no end to the delays and no penalty for them? Is there no alternative to this course outside of the Workers Compensation Board. Is there no penalty to the employer or their insurance carrier for dragging this on forever to the detriment of an injured worker? Where is the oversight in this system and where is the complaint department? If my case could go before a jury I would prefer it.
1 Answer from Attorneys
Re: penalty for delay?
I received your post on 3-15-2001.
Unfortunately, delay is the name of the game. There is no jury trial as you cannot sue your employer...it is strictly administrative.
Start your complaint search here: http://www.wcb.state.ny.us/content/main/InjuredWorker.htm
Good Luck
RRG