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  1. #1
    Join Date
    Jan 2013

    Default Unemployed and Looking, but Need W/C Surgery

    My workers compensation claim was made in the State of: New York

    I was injured in 2010 at work and required 2 surgeries. My employer laid me off in 2011 as I was scheduled to return to work (they'd figured out how to do without me for so long that they didn't need me anymore). I have since moved to CA and I am no longer receiving unemployment.

    I need to receive a third surgery for my injury. So my question is, if I begin working somewhere will the insurance company cover a portion of my salary when I go out for surgical leave? What happens if I don't find work? Are there any benefits or anything I can do?

  2. #2
    Join Date
    Feb 2007
    Charlotte, NC

    Default Re: Unemployed and Looking, but Need W/C Surgery

    Is your comp claim still open, or did you settle it with a compromise and release agreement? If your comp case is still open, you can probably obtain more comp benefits for medical and wage loss. You need to ask a NY work comp lawyer.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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