Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Bulging Disks, Annular Tear, Doctor Says Back to Work
#8
Unfortunately, NY is a no-fault employment state. That means that while they cannot fire her for filing a work-related claim, they can fire her for any other reason. Yes, she could try to file lawsuit for wrongful termination/retaliation by the employer, but the burden of proof would be on her.

I definitely agree she needs a good attorney. Depending on your location, I can recommend a few. PM me if you need.

If she can work on light duty, she definitely should. But she also needs to file a C3 report of injury. She can do that on the WCB website. http://www.wcb.state.ny.us. also she needs to do it SOON. there are limitations as to how long she has to file the injury. And yes, it is illegal for the employer to not report the injury.

Your coworker needs to 1) report the injury to the WCB (get the attorney's help if possible); 2) get a second opinion - even if the employer has a network of doctors, she can choose her own after the first 30 days of treatment; 3) be prepared for a battle. this employer seems to be really difficult to work with.

http://www.nyscomp.com
 
Reply
  


Messages In This Thread
RE: Bulging Disks, Annular Tear, Doctor Says Back to Work - NYScomp - 11-20-2011, 05:00 PM

Possibly Related Threads...
Thread Author Replies Views Last Post
  So your doctor says you have a herniated or bulging disc California_Help 5 936 02-28-2020, 09:22 PM
Last Post: Jmrbutlerbey
Sad Possible shoulder tear? Or Feelbad 4 872 01-27-2019, 01:41 AM
Last Post: Feelbad
Exclamation Help please Was on light duty wc doctor....new doctor out of work till .. Feelbad 6 1,900 01-25-2019, 11:45 PM
Last Post: 1171
Cool Meniscus Tear Rt Leg LimpRtKnee 4 1,151 09-06-2018, 08:56 AM
Last Post: 1171
  LEGALLY How long the Work compensation Insurance has to send changed doctor APPOINTME ngb_girl@yahoo.com 6 2,018 05-25-2018, 10:48 AM
Last Post: 1171
  Distal bicep tear in Arkansas Train6336 3 2,056 01-22-2018, 11:34 PM
Last Post: 1171
  Hurt back at work.I feel I should get a better deal than what my lawyer is saying Alex26 5 2,557 10-08-2017, 12:05 AM
Last Post: 1171
  Labral Tear Tennessee elifinoasaurus 1 1,765 02-05-2017, 01:39 PM
Last Post: 1171
  SLAP Tear Tennessee dookiestinks18 6 2,973 12-01-2016, 04:47 PM
Last Post: California_Help
  Which doctor can send me back to work-Kansas no1nurse2 4 2,927 11-15-2016, 01:04 PM
Last Post: 1171

Forum Jump:


Browsing: 1 Guest(s)