Questions about NY state Workers Comp? Please help!

[kitty]

Hey all. I'm new to this site, and live in NY. Thanks for welcoming me. I have some questions that I have been asking on Yahoo answers but I have not been able to get them properly answered so I will give it a shot here. Sorry this is so long. I decided to put all my questions into one post.

I have been out of work for almost 2 years on workers comp. I had both of my arms operated on last year for tendonitis (tennis elbow) from a repetitive injury at work. My doctor has placed me on a permanent partial. At my next doctor's visit, he is going to assess the percentage of loss for my arms.

My workers comp attorney told me that they will determine an "award" based on this percentage of loss and then...AFTER they deduct everything I have already recieved (my bi weekly paychecks), and the attorney takes his cut, then I get whatever is left over. Is this true? If that is the case, then I will be left with nothing since I have already been out of work for almost 2 years.

I will not be able to make the same amount of money I used to at my job and this disturbs me. I want my future taken care of as well as any medical bills that I incur in the future due to my injury. What are my options? Some people are telling me to settle, some are telling me not to settle. I don't know what any of that even means... and if I don't "settle" what are my other options? (NYS disability already cancelled my claim back in November because I didn't find a job within my restrictions fast enough.) I'm so confused.

All I know is that it's all bull and I want compensation for my future. Can anyone on here tell me what my options are? Settling or not settling? Also, once the doctor assesses the percentage of loss, how long does it usually take for the decision, and will they stop my checks before making the decision?

I'm also wondering if I can find a part time job right now within my restrictions, and if I do will Workers Comp cancel my claim or stop my checks? I was told by my doctor that since I am on permanent partial that they will make up to 70% of my old pay if I find a job making less, is this correct?

Thanks guys, any info will be appreciated.

[lostinconnecticut]

If you go on the "state info" link at the top of the page you can read about N.Y.
In most states there are different benefits. One is a "lost time or lost wages benefit" which replaces a part of you pay while you are temporarily disabled and unable to work. This is probably your bi weekly check. Another is a benefit for any permanent disability you incur as the result of your injury. You can receive money for the loss of use of a body part based on the percentage of loss. Unless there is something I am missing, you will not have to payback your lost time benefits for temporary disability from your permanent disability award. If you have received money toward your permanent partial disability award the you have to deduct the ammount received from the total. Your right to medical treatment for you work related injury should remain in place for the rest of your life unless you settle in such a way that you close out the medical portion of your claim.
Your attorney's fee will usually be limited to a percentage of the total.

From what you are saying, I think your right to temporary diability benefits ended in November. You probably then began to receive checks toward your permanent disability award which would be deducted from the award once established by the doctor. Usually this is figured by a formula (% x weekly benefit ammount). Your lawyer will get his and you'll be entitled to the balance.
If you decide to settle your claim in such a way that you close out the future medical, that ammount is negotiable. The i/c can not be forced to settle nor can you.
Hope this helps.

[kitty]

But what does settle mean?

And if I don't settle what are my other options?

My attorney is only looking out for himself so I don't want to ask him this question.

And if I get a job right now, even part time, will my workers comp checks be cancelled? I am at MMI and my doctor is going to assess my percentage of loss at my next appt.

If I get a job, don't they have to give me 70% of what I'm no longer earning at my previous job?

Lostinconneticut, My WC pay did not change once my disability was cancelled. They just carried on as usual and the same amount. I haven't had my MMI hearing yet.

Sorry to ramble on...

[lostinconnecticut]

Sometimes, if you look at the checks carefully you'll see a memo. In my state TTD means total temporary disability. PPD means permanent partial disability. You might get checks for the same ammount (your weekly disability benefit), but it is important to know what the money is for.
There are different meanings to "settle". You can settle your permenacy award. Your doc says 10% and their doc says 0% so you "settle" or agree to receive 5%.
You also can "settle" your claim, which means taking money to release the insurance company from all future responsibility for your future problems.
No one answer is right in every situation. You need to understand what "settle" means in your situation.
Your going to have to look out for yourself, because a lawyer that will put your best interest ahead of money is a rare animal indeed!

If you have any check stubs, look for a code indicating what the money was for. See if it changed in November when your claim was closed out.

[kitty]

I just checked my stub, there's nothing

That's what I mean, about the atty (and being confused). What do most attorneys try to get you to do and what is usually in the best interest of the injured? Basically, how can I get the most money to make up for my injury and losing my job?

[lostinconnecticut]

By becoming as knowledgable as you can about things. This forum is a good place to start. "Use lawyers if you must, but remember that you are your own best advocate. No one will care about your case as much as you. You must take responsibility for a successful outcome"
I think Thomas Jefferson said that.
I think you need to find out if you are receiving Temporary Disability or Permanent Disability at this time. Your attorney should be able to tell you.

[Norock14ny]

Hello kitty i just have ? about your elbow surgery.i will be having the same surgery march 14.i am a little worried can u give a little insight on the surgery . and what i should expect.

[kitty]

Hi Rock. I had mine done arthroscopically. I don't know how yours will be done, do you? They are going to release your tendon from the bone basically. It's called a Lateral Epicondyle Release. I thought that the arthroscopic procedure was supposed to be faster healing but it wasn't for me. You can expect to be very sore and stiff for a while. It's important to go to physical therapy immediately after the surgery so that your P/T can help you stretch your arm out because you are going to want to keep it bent because it is more comfortable for you, but it's very very important to stretch it out to restore your range of motion. Even when you lie in bed you should stretch out your arm as far as you can. After you get the range of motion down with P/T, then you will start your strenth training. It took a very long time before I could straighten my arm out completely. It was a very long process for me and I am still sore sometimes. I still have to do my stretches at home and be careful of what I lift. I'm probably going to be paranoid for the rest of my life that it will return as bad as it was. Let me know if I can help you further. K

[Norock14ny]

kitty Wrote:Hi Rock. I had mine done arthroscopically. I don't know how yours will be done, do you? They are going to release your tendon from the bone basically. It's called a Lateral Epicondyle Release. I thought that the arthroscopic procedure was supposed to be faster healing but it wasn't for me. You can expect to be very sore and stiff for a while. It's important to go to physical therapy immediately after the surgery so that your P/T can help you stretch your arm out because you are going to want to keep it bent because it is more comfortable for you, but it's very very important to stretch it out to restore your range of motion. Even when you lie in bed you should stretch out your arm as far as you can. After you get the range of motion down with P/T, then you will start your strenth training. It took a very long time before I could straighten my arm out completely. It was a very long process for me and I am still sore sometimes. I still have to do my stretches at home and be careful of what I lift. I'm probably going to be paranoid for the rest of my life that it will return as bad as it was. Let me know if I can help you further. K

Hello kitty thank you for info.I was told that i would not be getting orthroscopic. doc says he will slice outside of elbow 3to4 inch. i have pain for about a year now im hoping it works.im also in ny rockland county and you.