Legal Question in Workers Comp in New York

workers compensation

I got two fingers injured on a job and my employeer wants me to use up my sick days and vacation days before he pays me workers compensation. Is this right?


Asked on 1/09/08, 2:23 pm

4 Answers from Attorneys

Re: workers compensation

No. Get a comp lawyer. If you need, one I can give you some names.

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Answered on 1/09/08, 2:25 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: workers compensation

Your employer is mis-informing you.

1. The law reads that you may collect Workers Compensation on any injury that requires you to miss 7 days of work.

The law says nothing about 'sick days' or 'vacation days'.

It is your decision to apply or not apply for Workers Comp benefits. BUT YOU MUST GIVE WRITTEN NOTICE OF THE INJURY TO THE EMPLOYER. A hand written note, "I was injured on ___ at the location ___ while working for your company. The injury is to my thumb", will fill the minimum legal requirements.

You are welcome to a consultation for no fee. Email is best for an appointment.

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Answered on 1/09/08, 2:32 pm
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: workers compensation

No. Call us immediately for a free analysis. You may be entitled to compensation.

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Answered on 1/09/08, 2:50 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: workers compensation

In most instances an employer can use your sick and vacation days. However, you can get these days back when you go infront of the comp board with competent med evidence and a compensable claim.

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Answered on 1/09/08, 9:14 pm


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