Workers' Compensation Discussion Forums

hi all , im new here .. so let me post abit about me.

i was working in a nursing home, in december 2011 while lifting a resident to stop them from falling on the ground, i ended up fracturing my c-7 vert. and also getting a sever radial nerve injury to left arm causing Permanant Left Wrist drop, as well as severe electric like pain in myarm and neck. when i foundout from the er after they did a cat scan on way home i stopped at job and left them a note and made sure i made a copy.

now they claim i never let them know. and that it was a result of a prior mva from august 2011. i finally got an expediated hearingset for july 2 to prove notice (sec 18)

i have plenty of mris from august showing no injuries and mris/cts showing the fx c-7 and a Emg to prove nerve damage , as well as 2 notes from my dr one sent jan 1st one sent april both stating injuries and about accident.
+ to add i was making about 625$ a week gross
anyone have oppinions on what im likely to get?

at the moment im owed 12 thousand for lost wages for last 6 mo + i have 1500$ in reciepts for prescriptions
luckily i have a dr who feels im fully disabled and will write w.e i ask.

ill post more after the hearing

the ER records should have notes as to how/why you came to them when you did.

it's difficult to guess the results of the hearing without knowing what evidence the employer will submit.
if they have nothing other then supposition of prior injury, then your claim would likely be approved and you would receive retroactive disability payments for the time off as well as payment of treatment since then.
if you want specific information you need to post your state as each has different rules.

new york and my job has no proof or evidence other then their word . first hearing my lawyer argued they filed c-7 3 months late and are ow barred from pleading no injury, no employee relationship, no accident arrising out of corse ofenployment.. i just have to prove notice now, which i have 3 papers i gave them plus if need b judge can supena boostmobile to get call logs

also have before and after mri (one from prior mva shows no injury) (and one jan 1 showing fx c-7) both from my dr not just tests from er

sorry double post

Bump. any opinions about my case?