Legal Question in Workers Comp in New York

Time schedule for surgery.

I had surgery on one of my hands and I'am currently going to Rehab. However, I need the other hand done too (for the same reason). I was told to schedule that surgery ''right after'' my rehab.; Because when your out on WC you don't get paid for the first five days your off. So if I went back to work and went out again I would lose ten days of pay instead of the five. Is that true?

Also, what is the usual settlement amount for this surgery?


Asked on 12/22/07, 12:05 am

2 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Time schedule for surgery.

I don't believe that you would lose 10 days. The 5 day waiting period is when you are initially out on comp.(I Believe).As far as the potential settlement value of your injury, I would talk to a comp lawyer near you. you have to get a slu from your doctor after you reach max improvement.

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Answered on 12/23/07, 6:20 am
Michael Stacy Law Offices of Michael P. Stacy

Re: Time schedule for surgery.

The "first five days" is only a waiting period for people who have minor injuries. It is designed to exclude people who suffer a minor injury, who are out for only a couple of days and then return to work. You are not in that category. When you are out longer than 14 days,you get the first week of compensation back as well and there is no waiting period if you go out of work any time thereafter. So don't worry about going out again. You will not lose 10 days, in fact, you will not lose any days if you are out of work for more than 2 weeks. It sounds like you had Carpal Tunnel syndrome releases. If so, the current medical guidelines say that you typically get a 10-20% loss of use of the hands which equals a final settlement of about 24.4 to 48.8 weeks, per hand, of compensation benefits payable at the end of the case, less any money you were already paid. Good luck. As always, when in doubt, call a lawyer.

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Answered on 12/22/07, 12:47 pm


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