Workers' Compensation Discussion Forums

Hello, it has been awhile since i have been on here. i hurt my back in early 07. Herniated and bulging lower back. i have been out of work since and really have not had many issues. i have had numerous injections including the radiapathy. i am scheduled for an SI injection tomorrow morning. last week i had an IME and the doctor after 5 min decided i could return to work so my pay has been slashed. There is no chance that my former employer would take me back with all of my restrictions. I live in a very small town in NY state with not much in the way of jobs at all. i have applied for SSDI. it is in the appeals process now. what is my next step? has anyone ever sued their former employer for actually getting hurt while working for them and losing so much? any help would be greatly appreciated. Thanks

you cannot sue your employer if he had WC... thats what WC is a no fault insurance....

You and I are not in the same boat but are crossing the same waters. I know first hand what kind of pain you are going through and although I am in Ark know most wc Ins. push doctors to get you released to work. Some times a band-aid works but not too often. What's bad about the syestem is as long as you are covered by WC you can not sue an employer over any on-the-job-enjury. If you are not physicaly able to return to the position you had before the enjury or not able to earn the same wages, then you are supposed to be compensated. I wish you the best.

the next step is to determine any residule impairment and pay those benefits.
for more information on permanent partial disability go here
http://www.wcb.state.ny.us/content/main/...yClass.jsp