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

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  1. #1
    Join Date
    May 2012
    Location
    nyc
    Posts
    16

    Default How Long Does it Take for Workers Comp to Approve Surgery

    Hi everyone, iam new to this forum, but have found it a very interesting read. My case briefly, i injured Back at work, and have been on WC for 6 months, so far i have been lucky, everything as run smoothly for me since i got a attorney involved early on. I get my checks on time, even though they decreased the amount two weeks ago, My Dr 95% disabled, the WC Dr 75%, my attornery is waiting on a hearing to challange this. I have had a previous injury resulting in a Fusion 27 years ago, and now i have to go through another Fusion due to injury. I was wondering how long after my Dr puts in the request for surgery dues it take WC to agree?,Iam in constant pain and want to get the surgery over with so i can move on with my life. Iam not looking for anything other than a almost pain free life, and hopefully some kind of employment afterwards, I know i will not return to my previous job.
    I want to thank everyone who posts the good and the bad about WC, and i consider myself so far very lucky.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: New to WC

    Can't tell you how long before a request for treatment is authorized... with surgery, they will likely have to have a second opinion by a Dr of their choice... IME. That can delay things... and you/your atty may be facing another hearing to get a judge to authorize treatment/surgery.
    Iam not looking for anything other than a almost pain free life,
    Spine/back surgery should be the absolute last option IMHO... these procedures carry the highest failure syndrom rates.
    Be clear and understand the options your Dr is offering... "pain free" isn't usually one of those outcomes... and a second, possibly third surgery may be necessary.
    Think carefully before going under the spine surgery knife...

  3. #3
    Join Date
    May 2012
    Location
    nyc
    Posts
    16

    Default Re: New to WC

    Thank you for the quick reply, yes thats what i thought would happen, hopefully they will make a quick decision.

  4. #4
    Join Date
    Jan 2011
    Location
    eastern Pa
    Posts
    52

    Default Re: New to WC

    It is the appeal process in New York that takes the time..I had an approval for shoulder surgery from the judge in about seven weeks from when the papers were filed and the IC appealed on the 30th day and now according to my lawyer it may take anywhere from 6 to 12 months for yet another decision from WC..Living and working with pain is normal from what I have been told..Good luck and hope your not fighting the same IC as I have been..

  5. #5
    Join Date
    Jun 2012
    Posts
    1

    Default Re: New to WC

    I am new to the forum. I had a radial head replacement on my right elbow approved by workers comp, but have not started to recieve checks yet my employer paid me most of my pay off the books which shows I didn't make alot will this have any bearing on how much I will recieve. I do have a wc Lawyer. Can anyone give me some ideas. Thanks

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: New to WC

    my employer paid me most of my pay off the books which shows I didn't make alot will this have any bearing on how much I will recieve.
    Absolutely. And... because your ER paid you "off the books", it is fraud against the IC they have their WC policy with... as well as potential problems with the IRS and State of NY.
    Wage loss benefits...TTD, are based on your average weekly wage as reported to the carrier by your ER, and WC premiums are generally paid (by the ER) based on a per $100 of wages paid.

  7. #7
    Join Date
    May 2012
    Location
    nyc
    Posts
    16

    Default Re: New to WC

    Wow sorry about the wait, thats way too long to wait for surgery.
    I will be going to see my Spine Doctor on July 18th and he / I will decide if another Fusion is needed. Hopefully the surgery will be approved quick, i need to get this over with.
    My Boss called Friday and after being off work on WC for 6 months they terminated my employment. My lawyer said this was expected, still a shock though. My boss did say that this would not effect my WC Case and all my WC bills would be paid. Hope they keep there promise. But so far they ha
    ve been ok with me.

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