Legal Question in Workers Comp in New York

I was injured at work a month ago i injured my left knee and lower back. The doctor had me out totally disable i fought it to return to work light duty. im a single parent and need the money. i had mris done and i have a lot of inuries to knee and lower back. i had a vacation planned for 2 months from now for one week. i know my limitations and im going to relax i suffer from anxiety and taking medication for it. my anxiety worsened since im injury Can i go on vacation?

Asked on 4/09/13, 4:32 pm

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.
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If I were you I would go back to work as soon as possible. In your case you have a schedule loss of use of the left knee and you will get more money at the end of your case if you are not out of work an excessive period of time. At the end of your case (assuming your case closes on a schedule loss of use) the insurance carrier will take out the payments that you have gotten on compensation out of your final award. That is why it is better to go back to work soon so that you can get a bigger settlement when you get your schedule loss of use award.

Now to answer your question...

If you have vacation days that your work provides by all means go on vacation. However, make sure to not take those days as sick days.

I hope that I have answered your question.

Please call my firm if you need representation on your case. I have represented hundreds of workers compensation claimants in front of the workers compensation board.

My name is Jason Kessler and my office number is 914-220-1088. I look forward to speaking with you.

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4/09/13, 4:59 pm

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