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

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  1. #1
    Join Date
    Dec 2008
    Location
    new york
    Posts
    12

    Default Told to Return to Work on Light Duty

    I was just told by WC that I had to go back to work on light duty because their DR who I saw for all of 5 mins says I can do light duty even tho MY DR and occupational health DR says that I cant go back to work yet and am comcidered TTD until further notice. what do I do ?? Do I have to go abck work or do I do what my Dr tells me and If I dont will they cut off WC payments ?? please help

  2. #2
    Join Date
    Dec 2008
    Location
    Georgia
    Posts
    3

    Default Re: Help

    Yes you have to go back to work and leave after u been there for a few min. if you can't do the job and let them know and go to another doctor of your choice get a lawyer if u don't have one now because I was in the same boat they don't want u to get w/c - w/c doctors work with the company to get u back to work.

  3. #3
    Join Date
    Dec 2008
    Location
    Georgia
    Posts
    3

    Default Re: Help

    Did you have any tests did

  4. #4
    Join Date
    Dec 2008
    Location
    new york
    Posts
    12

    Default Re: Help

    I have had xrays done and my Dr just scheduled me for an MRI so that is basically it right now. I dont have a lawyer I am trying to find one now but its hard when you have a family to take care of of all you get is $133 a week

  5. #5
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Exclamation Re: Help

    Quote Quoting cougz View Post
    I was just told by WC that I had to go back to work on light duty because their DR who I saw for all of 5 mins says I can do light duty even tho MY DR and occupational health DR says that I cant go back to work yet and am comcidered TTD until further notice. what do I do ?? Do I have to go abck work or do I do what my Dr tells me and If I dont will they cut off WC payments ?? please help
    First off, who is "WC" that told you you had to return to work in a light duty compactly?
    Does the job you were injured at offer light duty?
    Do you have an attorney?
    You haven't included some necessary information but with that being said lets see if I can be of some assistance. If you were injured at work and seen a doctor and the doctor has you off of work as being totally disabled to work then you cannot work at your prior or any other job, and if another doctor says the same thing then you are covered twice over.
    If you were sent to an IME or any other doctor who works for the insurance company (IC) and this doc states that you are capable of doing some sort of work then of course the IC is going to tell you to return to work so that your employer pays your wages and not the IC. If the employer does not have a light duty position or dismisses you from their employment then you fall back and are compensated thru the WC system. Have you had any formal hearing? Are you part of a union? Some employers state that they will not or do not have light duty hence the employee has to stay off as totally disabled so that to collect monetary benefits from the IC.
    It appears your doctors have you temporarily totally disability (TTD) but what does the workers compensation board (WCB) list you as? It seems as if the IC is trying to pull a fast one on you hence the attempt to get you back to work when you aren't able and that is why you need an experienced workers compensation attorney. You do not pay the attorney out of pocket and it will come out of your check at a weekly rate if necessary with the fee granted by the administrative law judge (ALJ) of the WCB.
    Good luck and seek counsel as soon as possible!

  6. #6
    Join Date
    Dec 2008
    Location
    new york
    Posts
    12

    Default Re: Help

    my job is saying that they will make a light duty job for me sitting at a desk answering phones but that is not a normal job and it is not my regular job. I have torn ligaments in my foot which require that I stay off it and keep it elevated I also wear a boot.My job wants me to sit for 5 hrs at a time to answer phones and right now after going out to see Dr's or even to the stoer for an hour or so im completly exausted and have to lay down, so i dont know how im going to handle sitting at a desk for 5 hrs at a time. I dont have an attorney and there is no union at work. That said my DR has not released me but the IME says I can go so I guess im stuck. My Dr is behind me and called today to see if sending another paper saying im TTD to the insurance company would help but im assuming it wont. my hands are really tied i dont know which way is up anymore. WC is the only income coming into my house right now to take care of my family anf if i have to take this to a hearing ( which Ive never had )i could go months without any income at all then what ?
    I really appreciate all the help im getting thank you for taking time out to help me through this

  7. #7
    Join Date
    Aug 2007
    Posts
    504

    Default Re: Help

    I don't live in your state, but if NY is anything like Illinois then the best thing for you to do is go to the light duty job and give it a try. If you can not sit for the 5 hours then you can go back to your Dr and have him/her include the types of things you are doing in this position as restrictions. That way the IC will have to rethink your doing the light duty. If they offer light duty and you refuse to even try then they can stop your benifits. Or atleast that is the way it works in my state.

    I understand you exhaustion. I went through that myself when I went back to light duty (20 hour week doing limited activities) after being TTD for 3 months. I was still in considerable pain as well. What I did was go to the job and PT then go home eat and sleep. I really wasn't capable of doing much else at the time, but like you I had a family to support so I did what I had to do to keep my family fed. About 3 months into the light duty I was injured again (different body part) and then my employer insisted I stay TTD until I was fully recovered. If I hadn't returned to the light duty I probably wouldn't have had the second injury. Unlike you I did not have an IME say I was capable of returning to work but my employer offered me the light duty based on the restrictions my Dr gave me and I wanted to return to work to start getting closer to my full pay.

    Best of luck to you.

    beachgirl

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