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

• New York Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• New York Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 7 of 7

Thread: Broken Ankle

  1. #1
    Join Date
    Nov 2007
    Posts
    2

    Default Broken Ankle

    HI,


    I recently got injured at my workplace and need some advice.

    I live in New York and work for a company in New Jersey as a truck driver.
    I was picking up a shipment in Iowa on Friday (11/02/2007) when the weight of a bulky item made me lose my balance. I stepped out of the truck trying to regain my balance but I fell onto my ankle twisting it 90 degrees from its original position.

    Although I was in severe pain, I completed loading the truck after which I called my employer to notify him of the situation. He was very concerned about my well being and offered to pay for my plane ticket back to New York. Unfortunately, I was in the middle of nowhere so the nearest airport was 150 miles away in Omaha, NE. With a broken ankle I drove to Omaha, left the truck at a truck stop and caught a flight back to New York.

    The next day I went to see a doctor in New York. He said that my ankle was fractured and I had several torn ligaments. He gave me a soft cast to wear for one week, after that I will get a hard cast for six weeks and back to a soft cast and weeks of physio therapy. All in all I will not be able to return to work for another three months or so.

    Being aware that medical treatment can cost several thousand dollars ( I don't have medical insurance) according to my doc and knowing that my employer had been deducting a fee monthly for worker’s compensation for as long as I had worked there ,I brought it up in conversation.

    He said he doesn’t know how it works and he has to ask his accountant. Personally, I don’t know what an accountant has to do with this situation and I feel like something is very fishy. Once when he was deducting the payments, I asked where that money was going his reply was “What do you think is going to happen if you get injured on the job? Who’s going to pay?” and suddenly, when we are faced with the situation HE IS UNSURE.


    My questions are:

    What could be the reason for his hesitance to provide me with information?
    Is it possible that he was not making payments to worker's comp? I never received any info/booklets or anything from Worker's compensation.

    Who is responsible for paying my medical bills? Me? My employer? Worker’s Comp?
    Who needs to file the claim?
    Is there a deadline for filing the claim?
    Please give me a step-by-step of how I should proceed. Any information is much appreciated.
    Thanks, in advance, for your help.

  2. #2
    Join Date
    Nov 2006
    Location
    Ohio
    Posts
    324

    Default Re: broken ankle

    Where did you get hired? New York or New Jersey?

    You should not wait for someone else to file your claim you need to do this.

    When you went to the hospital, did you say it was work related??
    Beth, Legal Assistant
    Wife and Mother of injured workers

  3. #3
    Join Date
    Nov 2006
    Location
    Ohio
    Posts
    324

    Default Re: broken ankle

    I am going to bet you were hired in New York....here is their website

    http://www.wcb.state.ny.us/

    My questions are:

    What could be the reason for his hesitance to provide me with information? Yes, he might not have coverage or his rates will go up.

    Is it possible that he was not making payments to worker's comp? Yes

    I never received any info/booklets or anything from Worker's compensation. There really is no need for you to receive anything..they just need to have coverage posted...are you receiving a W2 at end of year or 1099?

    Who is responsible for paying my medical bills? Me? My employer? Worker’s Comp? if it is not work related you are, if it is work related and your employer is self-insured then the employer is.. if your employer pays into the state fund of workers' comp then it is up to workers comp to pay bills.

    Who needs to file the claim? if the ER did not (they should have) file the claim then YOU file it.

    Is there a deadline for filing the claim? all states are different check out the link at the top of this reply, it should help.

    Please give me a step-by-step of how I should proceed. Any information is much appreciated. did you receive anything from the ER when you went? Who is paying for the treatment i.e. soft cast, hard cast soft cast etc so far? Get any and all info from your visit at the ER and file a claim with that information as well as the doctor who is treating you now.


    Thanks, in advance, for your help. Good luck to ya and hey, welcome to the board...let us know what takes place.

    Beth
    Beth, Legal Assistant
    Wife and Mother of injured workers

  4. #4
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,930

    Default Re: Broken Ankle

    "knowing that my employer had been deducting a fee monthly for worker’s compensation for as long as I had worked there"

    Really Really REALLY BAD IDEA on your employers behalf. If you are not an independent contractor, IC, (you do not indicate this as the case and as a driver if you do not furnish the equipment, power unit as a minimum, you can not legally be treated as an IC), your employer is seriously breaking the law if he is charging you for any part of his WC expense. If you actually have a pay stub listing WC as a deduction take that with you to the best attorney you can find and one that is board certified as a WC specialist. NO NOT one of the bozos that advertise on TV they are actually the worst type of representation for a WC claim. Go here for a list of referrals:

    http://www.wilg.org/index.asp

    Or check with friends, co workers, or family members. You might also check with the state bar of which ever state it is you end up filing the WC claim in. What ever you do DO NOT call any of the firms that advertise on TV.

    On to your questions. You stated that you were loading the truck. That is clearly on duty time which equals the accident occurred "in the course of and arose out of your employment". In turn that equals your employer is 100% responsible for your injury. If by some off handed chance he is stupid enough to not have a WC insurance policy in place he will be responsible for all that WC would have provided as well as huge fines for not having the proper insurance in place. What the employer or their WC IC is responsible for includes all necessary medical care, including prescription medications, lost wages, and travel related expenses to receive the medical care and/or prescription drugs. It also might equal a lump sum payment for partial permanent impairment if you do not fully recover from the injury.

    I am assuming that you are going to file under NY WC as that is your state of hire. However, I am also an OTR truck driver, most states provide that you can choose which states WC rules to use when the injury occurs away from your home state. You should have the choice of NY, state of employment, NJ state of residence, or IA state of accident. It would behoove you to go immediately and talk to an attorney about your WC claim. It would also be in your best interest to check the web sites for each of the three states you may get to choose from as to which offers the better benefits.

    http://lwd.dol.state.nj.us/labor/wc/wc_index.html

    http://www.wcb.state.ny.us/

    http://www.iowaworkforce.org/wc/

    I would expect NJ would be the most convenient for you as that is your state of residence and you should not have a hard time finding medical providers that will accept NJ WC. Whereas you might have a hard time finding providers in NJ that will accept NE or NY WC. My hubby was injured several years ago under very similar circumstances, truck driver, he was a SC resident and that is where the company he worked for was located but he was in NJ when injured, we found out after the fact that NJ WC would have paid a much higher wage replacement and lump sum. Find out about this before you file the WC in any of the 3 states. That way you won't be going back after the fact and trying to change it as well as having the maximum benefits possible.

    Regardless of which state you file in your employer's WC IC, (or in the event he is a total dumb ass and doesn't have WC insurance then he will be liable), will be responsible for covering the expenses.

    You need to follow through ASAP as YES most states have a statue of limitations for filing a claim.

    Good Luck to you and be sure and post back with how you are doing.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  5. #5
    Join Date
    Nov 2007
    Posts
    2

    Default Re: Broken Ankle

    Thank you soooo much for your responses.
    Sorry for my late reply, I've been in horizontal mode for the past few days.

    Since my post I spoke with my employer about filing a claim and he asked that I not as his insurance will go up (funny). He agreed (verbally) to cover my expenses. I'm in a dilemma right now because we're on pretty good terms so I don't know if I should go ahead and file.. I want to continue working for him. What I'm affraid of is what if he is just stalling (I paid for treatment so far out of my own pocket) so that the filing deadline will pass and will not cover any of my expenses? What can I do then?

    Thanks again for your responses, you've been very helpful. I'm going to do some research on the websites you provided.

  6. #6
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Broken Ankle

    don't play the employers game; long term you're the only loser.
    Once you delay filing the employer can drop the promises and you will have a very difficult time convincing a carrier that you hurt yourself at work 4 months ealier and only now gettting around to filing!
    More then likely the employer is illegally uninsured.
    go here to file a claim now
    http://www.wcb.state.ny.us/content/m...uredWorker.jsp

  7. #7
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,930

    Default Re: Broken Ankle

    100% totally and completely ILLEGAL what your employer is proposing. I can assure you that you will end up with a big chunk of money coming out of your pockets if you agree to any such nonsense. Yes it MIGHT cause his rates to increase but who is in a better position to cover the costs associated with your injury, you or your employer? Even if his rates increase that is NOT your concern. Your concern is filing a WC claim and the sooner you do this the better off you will be. You other main concern is to get medical care and your wage replacement benefits while you will be off work. Let you employer worry about the cost of doing business, WC is just one of the many involved. Unless you can afford to absorb the expenses associated with your medical care and lost wages you had better go on and file the claim, NOW.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

Similar Threads

  1. Broken Ankle- Doctor Closing Case
    By redkrypt0nite in forum California
    Replies: 1
    Last Post: 01-19-2010, 04:15 AM
  2. Broken Ankle and New to WC
    By angelnurse in forum Indiana
    Replies: 1
    Last Post: 08-25-2008, 12:32 PM
  3. Broken Leg and Ankle
    By Tom in forum Missouri
    Replies: 3
    Last Post: 07-30-2008, 03:54 PM
  4. Settlement for a broken ankle
    By Unregistered in forum Missouri
    Replies: 1
    Last Post: 12-08-2006, 04:22 PM
  5. Broken ankle
    By tidefan in forum Medical Issues
    Replies: 2
    Last Post: 07-22-2005, 04:17 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer