Legal Question in Workers Comp in New York

hernia

hi im a truck driver. while i was unloading my truck i felt a discomfort went to my doc and she send me to a specialist cuase she found a hernia since then my boss had me sign a some paper for work polices when i read them it said that they do not have to take an indepents dos evaluation my docs office has called them for the wcb # but they havent gave it my doc and my boss told me yesterday to go and check my self with the specialist and if i need surgery then hell file it if not hell pay out of his pocket . i realy dont know what to do but im not going to pay for somthing that happend at work. p.s. i also have discomfort when i having sex with my girlfriend


Asked on 8/25/07, 12:20 pm

2 Answers from Attorneys

Michael Stacy Law Offices of Michael P. Stacy

Re: hernia

The insurance company may not be getting the information they need to process the claim. Your doctor may say he needs the Claims information before he can send the information and Insurance company is saying it needs the medical information before it can issue a determination of whether they will "accept" the Claim. The employer may just be dragging its feet with processing the claim to the insurance company. This is a bit of the typical run-around. One way to expedite the claim is to file your own accident report known as a C-3 form. It is a form provided by the compensation board. That will trigger an "index number" to be assigned to your case and if the insurance carrier does not provide claims information, a hearing will be held. Obviously it goes without speaking that it is best to at least talk to a lawyer about the situation because there may be other details to your case that you left out in your question. Consultation for Compensation cases is always free.

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Answered on 8/25/07, 12:46 pm
Jason Kessler The Law Offices of Jason B. Kessler

Re: hernia

Hello my name is Jason Kessler and I am a workers compensation lawyer who serves Westchester County and the NYC area. It seems that you have had a work related accident that has caused you either a herniated disc in your back or an inguinal hernia. Both are painful conditions that can cause sexual disfunction and may require surgery.

Your doctor was correct to ask you for your WCB# (workers compensation board number) because it is the only way that he/she can get paid by your employer's workers comp. insurance carrier. If your employer has reported this injury to their workers comp. insurance carrier they should have given you a WCB#. This WCB# should enable you to receive medical care for all accepted sites of injury.

If you would like me to review your case and determine what benefits you may be entitled to please email me at [email protected] . We can schedule a free consultation.

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Answered on 8/25/07, 11:16 pm


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