Legal Question in Workers Comp in New York

Workers' Compensation Hearing

I have a hearing next week to determine if my prior employer made a pre-existing condition worse by the constant harrassment and discrimination I had to put up with although I went to HR and complained. I have previously been diagnosed with bi-polar, with strong anxiety issues. I actually landed in the ER because of the anxiety this job caused. I have written statements from 4 psyciatrists and 1 social worker. The carrier said they usually don't ''entertain'' complaints of work related stress by my situation was one they want to look into. What can I expect at the hearing? In addition to the doctor's letters I have the hospital report, what else and a list of all the medications I have been on and the time frame they were issued. What else should I bring? Do I need an Attorney? If so, do they work on a portion of the award cause I can't afford one. I have filed complaints with the Department of Labor and the EEOC already in addition to Workers' comp. Looking for either advise, an attorney or both. The hearing is in NYC. Thanks.


Asked on 12/23/04, 12:49 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Workers' Compensation Hearing

You have my sympathy. Excessive aggression from a supervisor and sadistic behavior designed to trigger a disability is appalling.

Yes, you need an attorney. The employer has a tremendous motivation to win the Workers Comp case because the outcome will have a huge impact on the EEOC case. The NLRB is useless.

Typically, a lawyer in a Workers Comp case is paid out of the award and not by the client.

You are welcome to a consultation for no fee.

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Answered on 12/23/04, 2:32 pm


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