New York Worker's Compensation - Help For Injured New York Workers

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  1. #1
    Join Date
    May 2007
    Posts
    2

    Default Return to Work on Sedentary Duty

    Hi,
    I'm new to this forum, and so glad I found it! I am an injured farm worker, receiving WC. My DR. has allowed me to return to work on Sedentary Duty, with restrictions. My work release runs out today.... am I supposed to contact my employer with this information??? (explaining work restrictions, physical capabilities, etc)? My lawyer did not return my 3 calls yesterday, and I'm worried that if I don't go back to work, I'll lose my WC benefits. I am NOT on good terms with my employer... they have tried their hardest to convince the insurance co. that I've injured myself elsewhere, and warned me back on April 13, 2007 that if my Dr. did not release me for work in 3 weeks from that date that my position would be filled by someone else. Please help! Gonna try to get my lawyer on the phone again today, but I'm in a panic! Thanks!

  2. #2
    Join Date
    Mar 2007
    Posts
    42

    Default Re: Return to work on sedentary duty

    iam very sorry to here your employer is being that way but you do have to contact him with the restrictions to see if he can accomedate them or if he cant unfortunatly under w/c does not protect you from being let go altough if the threat is directly linked to you filing the w/c claim that is illegal but hard to prove so my best sugustion is go to work give him the retrictions your dr. put you on if he canot follow them you will still recieve your ttd checks

  3. #3
    Join Date
    May 2007
    Posts
    2

    Default Re: Return to work on sedentary duty

    HI and thank you for your response! I finally got hold of my laywer, and they said the same thing. I have called my employer for 2 days, and left messages saying my DR. is allowing me to return to SEDENTARY work, with restrictions. They have not returned my call to tell me if they have a position for me. I worked on a farm... my job consisted of very heavy lifting and hard labor most of the time. (I hurt myself lifting 200 lb. doors up and out of the snow and ice back in March) I am a 5'3" 105 lb. female by the way. The job application mentioned a 50 lb. lifting requirement, which I can easily do, but now with this injury, I can barely lift 10 lbs., cannot bend, etc. Is there a timeframe in which my employer has to answer my request for sedentary work??? Thanks again for your help!

  4. #4
    Join Date
    Mar 2007
    Posts
    42

    Default Re: Return to work on sedentary duty

    well i dont know of a time frame but what i would do is the samething my nurse case manager told me to do i went in to work at the time i was supposed to and ask what they had for me to do and then they cant dodge you they have to say either they have something or not good luck

  5. #5
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,341

    Default Re: Return to work on sedentary duty

    Quote Quoting momofthree View Post
    HI and thank you for your response! I finally got hold of my lawyer, and they said the same thing. I have called my employer for 2 days, and left messages saying my DR. is allowing me to return to SEDENTARY work, with restrictions. They have not returned my call to tell me if they have a position for me. I worked on a farm... my job consisted of very heavy lifting and hard labor most of the time. (I hurt myself lifting 200 lb. doors up and out of the snow and ice back in March) I am a 5'3" 105 lb. female by the way. The job application mentioned a 50 lb. lifting requirement, which I can easily do, but now with this injury, I can barely lift 10 lbs., cannot bend, etc. Is there a time frame in which my employer has to answer my request for sedentary work??? Thanks again for your help!
    As long as you keep the lines of communication open to them you should be fine. Are you still drawing workers compensation benefits (monetary)? If so, then the employers lack of communication with you will not hinder your benefit amount. Also, when you get back to work, DO NOT, repeat' DO NOT violate any of your restrictions! If you do and become re-injured the workers compensation case can be tossed out and, they may even go after you with a frivolous law suit of fraud, as they will say you haven't ever been hurt, or hurt enough to draw benefits!!

  6. #6
    Join Date
    Jun 2007
    Location
    Plattaburgh
    Posts
    8

    Default Re: Return to Work on Sedentary Duty

    If your place of work is not playing far. Send you communications to them by mail, return receipt requested. Or, have your lawyer send it for you. Good luck.

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