Legal Question in Workers Comp in New York

Re: Back Injury

This case would have to be investigated more before a decision can be made to pursue it further. For instance, it is obvious that the case was previously established to the back as you had an operation in 11/95 and it was approved. I would want to see the MRI report taken back then to see if the new disc was injured at that time. Most likely, if that disc was herniated in 1995 your current doctor can relate the current condition back to the 1995 injury and your comp case can be re-opened.

While potentially you have some problems with the fact the new surgery was not approved, you may not be totally out of luck.

You may be entitled to recieve additional compensation for the time you were recovering from the surgery. Usually you would receive total disability which is 2/3 of you average weekly wage or a maximum of $400 per week for that period of time. Of course the PPD amount you currently recieve would be an offset. Thereafter, you may be successful at attempting to increase your PPD amount. For instance if you are entitled to $400 as total disability wage and are being paid for a mild diability (25% of this or $100/wk) you may be successful at increasing the amount to a moderate rate (50%) or a marked rate (75%). Most likely, this will be rough going and require that a the case be set for trial with your doctors testifying on your behalf.

Further, a savy attorney may be able to negotiate a lump-sum settlement or a section 32 settlement for you so that you could receive a large sum of money up front and invest it on your own.

In short, you should seek the advice of a qualifed worker's comp attorney. Our firm handles thousands of cases and one of our partners served as the president of the worker's compensation bar association.

Lastly, considering the severe injuries you have sustained, I would recommend that you consider applying for social security disability if you are unable to return to work and are eligible for the benefits. Good luck.