Legal Question in Workers Comp in New York

I was hurt on the job , and was on workers comp. my doctor send me back to work with restrictions , but my employer dont have a job for me . what going to happen now.? can they put me on dissability or go back to workers comp. until my next doctors visit .


Asked on 2/16/10, 9:32 am

1 Answer from Attorneys

Michael Stacy Law Offices of Michael P. Stacy

A release back to work with restrictions really means that your doctor feels you have a partial disability. The law does not require your employer to take you back with restrictions so if they have no work that will accomodate your restrictions, you should be entitled to partial compensation. Unfortunately, that means only partial wages and that might not be that much. The insurance company will probably argue that partial should be the bare minimum or the lowest partial rate. This is typically where a lawyer may be able to help since he can litigate or negotiate a higher partial rate than what the insurance company is likely willing to initially offer.

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Answered on 2/21/10, 4:59 pm


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