How do I sue the ny stae Workers Comp. Board?
Iwas severly injured on my job as a sanitation worker during heay snow storm back in Feb 2003. I ruptured tendons in my right elbow and forearm. Surgery made it worse. I was a sanitation worker for over 19 years working behind garbage truck with no injuries and a perfect work record. After being out of work for 2 years (but workers comp only paid me for 8 months) I asked written beged and pleaded to be transferd to other dept. Knowing I was not able to do my regular job. My employer laughed and said no. I then contacted labor dept. to see if I was legaly able to collect unemployment ins. and after they contacted my employer they said I will be ale to but since my employer either paid the injured employees in the past or transferd the injured employee to other dept. I better contact the wcb or ask my lawer for advice. I told the labor dept. my lawyer said for me to get other job because I am not entitled to any other payments. At my hearings I was kept out in the hall. Please help thank
Answers:
First of all, get a different lawyer! My husband was injured on the job (in N.Y.) in 1989, so we have been dealing with NY worker's compensation for years. Not a fun thing to do, as you well know. You can force your employer to retrain you, or you used to be able to. The important thing is not to give up! If you aren't happy with your lawyer, get a different one. We have been through half a dozen in the first 10 years. Eventually, you will find one who will go to bat for you and not leave you wondering what happened. I have never heard of them not letting a person into their own hearing! That is unreal. You have a right to be there. They can't make you do that, you definately need different representation.
Sounds like your employer is trying to get out of his comp rates going up, don't let them push you around.
Good luck, having been there - we know it's rough. Just hang in there and don't give up, because that is what they count on.
Get a good lawyer and ask him what you can do. This is too complicated for us to help here.
You need a new attorney, one who is interested in protecting your interests. Depending on Workers Comp rules in your state, you may not be entitled to anything more. I don't know what the rules and laws are, so I can't help you there. What I can tell you is that you at least deserve an attorney who is willing to explain it to you.
find a lawyer that specializes in that field,in texas they are not cheap to find,i tried to get one for unlawful termination against the state.most of the ones i contacted were scared to lose the case.good luck!
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