Legal Question in Workers Comp in New York

filing workmans comp after surgery

I have had two spinal surgeries in the past 18 months currently recovering from lumbar disc surgery.I have been in the nursing profession for 30 years. Did not file for workmans comp for either surgery. Am considering filing now. I'm not sure about doing so for several reasons however have been told by my neurosurgeon that I will eventually need lumbar spinal fusion.I plan to return to work-my same job with lighter duties for a while-within the next two weeks.Just wondering if I have a legitimate case having worked for the past thirty years in a profession that is physically demanding.


Asked on 10/22/07, 7:25 am

3 Answers from Attorneys

Michael Stacy Law Offices of Michael P. Stacy

Re: filing workmans comp after surgery

You may be beyond the statute of limitations to file a claim. There are requirements to provide your employer notice soon after the injury arises. It really depends on what the cause of the injury was. The best starting point is your own doctor. Is he willing to say the injury was caused at work. If not, then you do not have a claim. Keep in mind if you start a claim, your private health insurance may stop covering you until they find out if you win or lose the compensation claim which may mean you may not get some treatment you need while the litigation is pending. Good Luck.

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Answered on 10/26/07, 4:45 pm

Re: filing workmans comp after surgery

If you lost wages as a result of your on-the-job injuries, you have a workers' compensation case. There may be other things you are entitled to also but I don't have enough information. Please feel free to contact me if you wish to pursue it and I will put you in touch with the attorneys who handle my clients' compensation cases.

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Answered on 10/22/07, 8:24 am
Jason A. Richman Jason A. Richman, Esq.

Comp Cases are not just for wages but also lifetime free medical coverage for the injured bits and pieces

You should file a claim for WC benefits because it protects you in the case of umpaid time out of work, and also will pay for any related medical expenses for the rest of your life.

I practiced in Syracuse for years and know some good WC attorenys there. Feel free to call or write if you would like to discuss the case, or whether or not you should get a lawyer. 5853185334

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Answered on 10/22/07, 10:03 am


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