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Injured at work in NY
#1
Hello,

Im new to this board and im having some issues ans questions. Long story short im a professional firefighter living in NY and i was hurt at work. I have done all therapy and tests for the last 4 months and whatever else the doctors tell me to do and turns out i need surgery.

I was told by an ortho surgon i needed labral repair along with FAI surgery (Femoroacetabular impingement) which i was told is how my bone grew when i was a kid and they need to shave down the bone repair the labrum and i would feel much better. Even though i had this before being hired i have never had any pain or issues with my leg and hip and now after this injury its been a nightmare for almost a year. The city doctor took me out permentaly until surgical intervention is done. Now he says i have the option of surgery but at the same time he stated i can not be released for full duty without it. (Im currently doing light duty) so i feel like i really have no choice if i ever want to return to FF duties but at the same time its my choice. He stated also because of the nature of this job i must be 100% healed which i understand. But he also told me depending on how i heal and function after. if he feels he can not clear me even after surgery and i still have pain and restrictions he said i may never return to this position. Im very confused on all of this. Also my ortho doc said the same and they agree surgery is the only option. Im in the process of getting this approved by comp. should i have a personal lawyer? I do have union protection and help it. But i dont know where this may or may not go. But this surgery is in my opinion a serious one and its an aweful recovery for the next 6-8 months. Or maybe longer i was advised.

So hopefully i can get some answers on diffrent scenerios and maybe advice on what to do or not to do.

Thanks so much.
 
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#2
a personal atty won't help with workers compensation issues as it is a separate legal specialty.
most unions have law firms on retainer that are experienced with workers compensation laws and procedures and how it interacts with your contract and civil service.
contact them for a referral.
as far as medical questions I'm not sure I understand where you are confused.
there certainly is never any guarentee on a successful outcome of any surgical procedure.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
That's what i figured. i will deal with the union upon the legal aspect. thanks so much.

where im a little confused about the medical side is if i choose not to do this surgery for other reasons where would that leave me with my employer? now im pretty sure im going to but if i said to the office, ''well i decided not to do the surgery because the outcome will cause more issues within my body and im not willing to be in more pain" and i cant be cleared by the city doctor until i had the surgery what could be the possible consequences? would i be fired? under the stipulation im electing to not do this to return to my job? im not sure on the laws surrounding this type of situation.

thanks again for the info.
 
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#4
the possible consequences are: either they are willing to give/create a modified job or you find other employment.
under ADA law they are required to discuss reasonable accommodation.
more here
http://www.ada.gov/
you would not be fired but terminated as unable to meet the minimum job requirements.
depending on your age and other criteria you may be eligible for disability retirement.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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