Legal Question in Workers Comp in New York

system fails injured workers

32 yr old female forklift operator injured at work won case three months after accident only to be suspended 12/31/09 medical wasnt available in time for hearing then schudeled for ime 800mi away which i couldnt make it as a result medical treatment is on hold resently giving ime in my own state the dr states still unable to work with disc spaces at c2-c3-c5 and c6 with spurring at c6 pain is very unbarable daily why is carrier able to do this need my life back for my two kids i just wanna take lumpsum offering and send my demand iam so fed up have to rely own pain med what should i do i want out


Asked on 4/18/09, 12:32 pm

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: system fails injured workers

Your case is illustrative of the problems with the comp system. However, the fault does not just lie with the system and the carrier. You have a duty to see a doctor every 45 days and that doctor must opine that you are disabled. You also shouldve obtained competent counsel that wouldve advised you of your rights. Lastly, your case is not ripe for a lump sum settlement as you are still seeking active treatment.

I would advise you to go to the injured workers bar association website and find a wc lawyer near you.

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Answered on 4/18/09, 2:24 pm


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