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KVD7360

worker comp in ny

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hello I was injury when I was working for a towing company I came in one mourning and my truck I was using was a flatbed and the previous shift left the bed a mess it had mud oil on the bed I report it to the employer and he told that after I did a call I could clean it up being little mad I went and did the call it was a cargo trailer that had a broken shackle I load it up no problem but then I went to unloaded I slip and fell and torn ligaments in my ankle and hit my hand on the bed with my body weight so I report the injury to my employer who took me to urgent care and told not to report the injury as on the job because I wasn't a ware that was off the books well that weekend I went to the shop to change my oil in my truck with the help from my buddy and I had permission to do so I had a coworker flip out on me and call me nasty names because the coworker was his friend was the one who left the bed a mess then after the weekend I had a call from the doctor who treated me told me that I need ankle specialist because of the injury so bed I told my employer and told me that he file a clam with worker comp it took over 2 months until I could see a doctor.so I went to seek help from a attorney and my boss found out and call flipping out that I got a lawyer well I went to comp hearing and took forever to my first check I lost my apartment and was pretty broke for while. then after my treatment I went back to work and still receiving the same treatment from the coworker I report and noting happen then 2 weeks back to work I injury the same ankle while pushing a disable car I torn it again so a week later he call my up saying he needed my uniforms and he had my check he never told me I was fired or noting so my question is I don't get unemployment and I work for them for over 8 months and I not getting any info on my current lawyer it seems that they don't care I was wondering what to do im waiting on another doctor to see me and been a few months

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Punctuation is your friend. Please use it.

 

Most of the details are irrelevant, but your post is extremely hard to read. As best I can tell, you got hurt at work, filed a WC claim, healed, returned to work, and got reinjured. Did you file another claim? If not, start there. It is unclear what you want the lawyer to do as it is very unclear where this stands. It appears you are off work but not fired. Unemployment would not apply as you are of due to injury. If you write back with an actual question, we might be able to help.

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my question is why did take worker comp so long two I was fired indeed im stilling wait on a doctor to tell me what % of disability I have on my ankle what happens after the last doctor visit with comp court?

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Let me emphasize what "ElleMD" previously said.  When writing the English language, it is customary -- indeed, expected by virtually everyone who isn't a high schooler texting with friends -- that you at least make an effort to follow the rules of capitalization and punctuation.  These are basic rules that we all learned or should have learned in elementary school, so it's hardly asking much that you follow those rules.  The reason for following those rules is so that others can more easily read and understand what you write.  Your first post in this thread is virtually impossible to make sense of because you made no effort whatsoever to use any punctuation or capitalization (except for capitalizing "I").

 

 

 

why did take worker comp so long

 

I can't even conceive why you would think a bunch of strangers on the Internet might have the slightest idea.  Also, take so long to do what?  Have you considered asking someone at "worker comp" why it took so long?

 

I strongly suggest you consult with a local workers' comp attorney

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To summarize my question is I did asked and no answer. I got injury again when doctor sent me back with no restricts and shortly after the fact I was fired. Because I was off the books I don't get unemployment I thought that  America with disability act they cant fire you because of that?

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You can not legally be fired solely because you have a medical disability, but can be let go for any other reason not prohibited by other law. If you were returned to work, this does not apply. If you were fired, I do not know why you do not apply for unemployment unless you were a contractor and not really an employee. You may or may not qualify based on your short tenure of employment, though if you were working prior to this job, you may still have enough work history to qualify.

 

Once you are rated for disability following a WC claim, you/your attorney would seek Permanent Partial Disability (PPD)benefits to compensate you for the degree of disablement. The vase majority of those who do this do not fall under the definition of disabled per the ADA (law that governs the disabled in the workplace). Having a disability rating as part of a comp claim does not shield you from being fired. You have to file for PPD, as it is not automatic. Chances are high that the insurance carrier will send you to an independent doctor to get a second opinion as to how impaired you truly are and may offer a settlement based on the results of the two exams. Talk to your attorney about this.

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