Payment-backto work--unemployment ins

[carolewithane56]

Injured on duty January 2008. NY State
Need a few answers. When you are receiving comp, is there any time frame they have to meet (insurer) with payments? Used to get one every 10 days, falling during the week I would have received normal pay. Once or 2x got 2 checks, 10 days and 5 days. Last payment I recieved was 6/26 paying me up to 6/23 but that check was for 17 days cause the claims adj went out of town. Now I am waiting for payment again and its since 6/22 with no payment-and no one answers. Are they by law supposed to make a regular payment? bi weekly or weekly? Or can they just pay at whim? I submit all the necessary documents and do what I am supoosed to do.

Secondly, since they refuse to let me return to work (I attempted) because of a slight restriction the IME used that has nothing to do with the work I do, I am still out till I can see the IME again in August. I am borderline destitute now since my benevolant employer deinied diff due to a technicality (long story) which I am grieving, but now all I have is the comp (BTW because of the IME restrictions which I am sure is a mistake, and his changing my status to mild, my money is probably going to be just enough for a tank of gas and a few gallons of milk.) Can I file for unemployment??

[1171]

No. to collect unemployment you have to be able to work without temporary restrictions.if you have a doctors full release you are not entitled to comp payments.

[Lilly]

hi carole,
Screwing with your weekly payments is common. They are trying to starve you out, or make you give up and go away. They only pay weekly bebefits IF you have not been released to go back to work by your treating MD.

Not sure if there's any time frame that IC must meet in NY state. If you have a lawyer....sick him onto them. If not, call around to a few for some legal advise and ask this exact question.....once you get an answer, threaten IC with hiring a lawyer, so they get their sh** together. There are others on here from NY...possibly they already know the answer, and will post soon.
Good Luck! Lilly

[carolewithane56]

1171 Wrote:No. to collect unemployment you have to be able to work without temporary restrictions.if you have a doctors full release you are not entitled to comp payments.

Funny thing--my doc says full work but he wrote some restrictive wording on the form such as weight limits etc--none of which apply to my job. The IME checked restircted duty with only one restriction, another which has nothing to do with my injury or job title. My employer says there is no work available for that restriction, (my job is available ) and only goes by what the IME says.
I think its ironic that they stress on the WC forms to get back to work as soon as possible, that comp is by no means as much as your wages, yet they won't allow me to return--I did read a clause where it mentions if you disagree with the IME etc., but I belive in most cases thats when the IME says you should return and your doc says no, I have the opposite.
Next time,and I hope never, I ever get injured on duty, I am not reporting it as work related and will use my own sick time----I could survive on that with less hassle than this whole ordeal. My employer self insures so they are all the same organization. Cost them more I think with sick time than comp....Wouldn't you think they would be want me back fast?
thanks for the reply!