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Bulging Disks, Annular Tear, Doctor Says Back to Work
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.


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

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