point of no return

[darkstar]

I am a New York worker who was injured on 10/2/09. This is my second comp. claim.(the first was for a cut w/stiches 20 years ago) My injury is an extruded disc
L4/L5, prognosis good, no surgery needed. I have had previous lower back issues,
particularly in the past two years.
My employer has not yet filed the C2(wages) form with the WCB. They have been sent requests by both the WCB and IC. I have received no compensation.
I have spoken to an attorney, but not retained him yet. According to the attorney
the employer has twenty five days to file the C2.
The twenty fifth day was 10/30.(C3 filed on 10/05) It seems clear that i need to
retain an attorney, it just feels like it is the point of no return.
I already feel bad enough, but this move feels like I am pitting myself against my
employer and the Comp system. Either way, I lose. I feel as though I am forced to
retain an attorney, but by doing so I am seriously compromising my future in a
specialized field.
To date, it has been three weeks without pay of any sort. I returned to work 25%
disabled on 10/26. I will receive my first paycheck Nov. 5. After one week back to
work on limited duty, I feel as though I am already wearing out my welcome. I
fear that I will be discriminated against and possibly be fired if I retain the attorney. I also am not able to earn as much.
I can't help but second guess myself now. Maybe I should have just used my HMO
and vacation/personal days as I have in the past.

[1171]

FYI
not sure you had a choice.
The HMO is not generally required to provide workers compensation treatment unless it's been rejected as a comp claim.
Is there an employer policy against a worker taking vacation/personal leave for the disability period?
why do you think it's about you and not just standard bureaucratic slowness?

[darkstar]

1171 Wrote:FYI
not sure you had a choice.
The HMO is not generally required to provide workers compensation treatment unless it's been rejected as a comp claim.
Is there an employer policy against a worker taking vacation/personal leave for the disability period?
why do you think it's about you and not just standard bureaucratic slowness?

I guess some background information is in order. I have worked for the company for eleven years, but the present owners have only been here for 2+ years.

These people are NOT nice to work for. The fact that they have not yet filed the C2
indicates to me there is a problem. I don't believe that this is about me necessarily, this is how they operate. My fellow employees and I are no different than a piece of equipment: if you are in the red column on the balance sheet, you're down the road.

My only intent for mentioning the HMO is that maybe I should have just not filed
a claim period.

i am fearful that I have screwed my life up in the interest of getting healthy.

Thank you for taking the time to read my post.

[Bad Boy Bad Boy]

You don't need an attorney to file a complaint with the work comp board. Read work comp law section 110;

If one of your employees has a work-related injury or illness, you must complete and file this form within 10 days of theinjury/illness or be subject to a penalty. For additional information on filing this form please refer to Workers'Compensation Law Section 110

Section 110
Record and report of injuries by employers1. An employer, or a third party designated by the employer, shall record any injury or illness incurred by one of itsemployees in the course of employment using the form prescribed by the chair for reporting injuries under subdivision two of thissection. Such form, a copy of which shall be provided to the injured employee upon request, shall be maintained by the employer,or a third party designated by the employer, for at least eighteen years, and shall be subject to review by the chair at any time. Suchform need not be filed with the chair unless the status of such injury or illness changes resulting in a loss of time from regular dutiesor in medical treatment which would require reporting in accordance with subdivision two of this section.2. An employer, or a third party designated by the employer, shall file with the chair of the workers' compensation boardand with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personalinjury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which theaccident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments bya person rendering first aid. Such report shall state the name and nature of the business of the employer, the location of itsestablishment or place of work, the name, address and occupation of the injured employee, the time, nature and cause of the injuryand such other information as may be required by the chair. Such report shall be filed within ten days after the occurrence of theaccident. An employer shall furnish a report of an occupational disease incurred by an employee in the course of his or heremployment, to the chair of the workers' compensation board, and to the carrier if the employer is insured, upon the same form. Thecarrier, within fourteen days of receipt of the report or accompanying the initial check forwarded to the employee, whichever isearlier, or a self-insured employer, within fourteen days of transmitting the report to the chair or accompanying the initial checkforwarded to the employee, whichever is earlier, shall provide the injured employee or, in the case of death, his or her dependentswith a written statement of their rights under this chapter, in a form prescribed by the chair. An employer shall file a report of anyother accident resulting in personal injury incurred by its employee in the course of employment, upon the same form, wheneverdirected by the chair.3. Any injury or illness which is not required to be reported in accordance with subdivision two of this section, shall not beused as a basis for determining experience modification rates, provided the employer pays in the first instance or reimburses theemployer's insurer for the treatment rendered to the employee.4. An employer who refuses or neglects to make a report or to keep records as required by this section shall be guilty of amisdemeanor, punishable by a fine of not more than one thousand dollars. The board or chair may impose a penalty of not morethan two thousand five hundred dollars upon an employer who refuses or neglects to make such report.5. The chair shall be authorized to promulgate regulations necessary to carry out the provisions of this section.

[darkstar]

It's the C2(wages) form that they have not filed. I know that I can file a complaint, but
I am unfamiliar with the process. If I am going to go that route, I would probably be
better off with a professional.

[jayne]

.....sometimes they just need a gentel nudge in the right direction....sometimes they need dynomite...try talking to them first

[darkstar]

I decided to "lawyer up". I hope I don't regret it. It seems like the best scenario for me.