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

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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Herniated Disks After Falling Down Stairs

    On 2/1/10 I slipped and fell down a flight of stairs at my work and now have herniated discs in my lower back. I recently found out that even though the accident happened due to negligence on the part of my employer I cannot sue them for what has occurred.

    Here's where things start to get messy for me, I was getting ready to leave the job that the accident occurred at and begin training for a new job on 3/15/10. I am dealing with a lot of pain, pretty much at all times and I find it to be relieved a bit when laying down or in a reclined position. I obviously cannot do this at work and I do not know what I should do. I cannot live off the money that I am getting from comp so I really need to work somewhere, but I cannot work without being in a lot of pain. It's a real catch 22 and I'm sure I'm not the only one who has been in this position.

    Also if I return to work, will I lose the ability to have coverage from comp? Obviously they will not send me anymore checks for being out of work, but will I lose the coverage for seeing doctors and the possibility of getting a settlement? I have a lawyer, but I have not even gotten to sit down with him yet. Any help will be greatly appreciated. I am also going to try to pursue a suit for pain and suffering, as this injury was caused by my employers negligence.

  2. #2
    Join Date
    Jun 2008
    Location
    nyc
    Posts
    73

    Default Re: Herniated Disks After Falling Down Stairs

    That is terrible! So sorry! If your accident happened in NY, then you cannot sue your employer! You are an employee at will so you can't sue for pain and suffering. I hope you filled an accident report and continue your claim. Soft tissue injuries take longer to heal and can take a while b4 you even start feeling it! You have to take the time now to heal or else it will bother you for the rest of your life!!

  3. #3
    Join Date
    Dec 2009
    Posts
    18

    Default Re: Herniated Disks After Falling Down Stairs

    my situation is comparable to yours in that included a herniated disc in lower back, just be aware with the lower back injury you can feel fine for months then be crippled with pain soon after ward,, I continued working on light duty but that just made my back worse where in 4 years i could not do the work anymore. But yes you can continue with workers compensation as long as you have Doctors or Chiropractor reporting your back injury on a regular basis.
    Dont be TIMID in your dealing with your employer or Doctors , speak up, get a good lawyer, you will need one

  4. #4
    Join Date
    Jun 2008
    Location
    nyc
    Posts
    73

    Default Re: Herniated Disks After Falling Down Stairs

    Yes indeed it stinks! Sorry about your fall but in NY you cannot sue your employer. Like what other pple said, be patient and heal! Soft tissue injuries are the worst!! They never go away regardless of what ppl may say. Welcome to the system, it will be a long bumpy road but try and stay sane!

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