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Waitress in NY
#1
I've worked as a waitress my whole life.   I went to my dr a few weeks ago and was diagnosed with torn rotor cuffs.  Against my drs advice I did go back to work (very painful) because I could not afford to not get paid.  I've been doing rehab and although I have a bit more movement my dr is recommending surgery for both shoulders.  I now know I made a mistake going back to work and need to stop working.  What happens?

1) Can I collect w/c payments?  Is that based on my company paycheck?  I make most of my $ in tips.

2) Once I have the surgery I won't be able to return to work.  What happens ? Do I collect workers comp pay? For how long? Reading these posts it sounds like people who can not go back to their regular job get a settlement............ 

3) Should I get an attorney?

Basic question, How does workers comp work? 

I'll have to find a new way to make a living, I am 56 and have been waiting tables my whole adult life. 

Just very confused and concerned. 

Any help is appreciated.
 
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#2
you need basic information; not only for the questions you asked but for those that will come later.
start here
http://www.wcb.ny.gov/content/main/Workers/Workers.jsp

for more detailed help with your specific claim:
http://www.wcb.ny.gov/content/main/onthe...itance.jsp
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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