Worker's Comp NYS

Sundry Chitchat
1

Tl;dr hurt back at work didn’t report it now it’s unbearable and work is being difficult

4-5 weeks ago I was at work lifting something not even very heavy and pulled my back a little. It wasn’t too bad so I figured it would be fine in a day or two and didn’t report it to my boss. The first couple weeks it was off and on but nothing bad, I even was able to play a round of golf at one point.

Then around two weeks ago it starts getting worse. Sitting starts to hurt. Then standing. This weekend I start having pain even when laying down. Putting my socks on is almost impossible. Ibuprofen and something stronger I got from a coworker does nothing.

I finally go to Urgent Care today. They ask if I hurt it at work and I say yes because I did. So now I start filling out forms for potential worker’s comp. I get x-rays done and they don’t find anything. Doctor thinks it’s a disc so they send me to the orthopedics to get an MRI. I have to go within 5 days and have a form saying so.

Now the problem. Orthopedics won’t let me in without my employer’s insurance info. My employer won’t provide that info until I fill out some more forms so I have to drive all the way to work just to fill out 2 pages of information. Urgent Care gave me a form saying I could work but limiting basically everything I do at my job including prolonged standing or sitting so my boss sends me home.

So now I have to wait to hear back from corporate before I can go get an MRI and hopefully take action to improve my condition.

I think NYS says you have to report within 30 days to get compensation. I did not. Do I just say screw it and pay using my own insurance or should I hold out for some bit of money that might not be coming? Would using my own insurance for the MRI cancel any possible claims?

2

Is it 30 days from the date of the incident or 30 days from the date on which you realized you were injured? There are lots of workplace injuries like yours that don’t become apparent for some time - idk anything about workers comp, but for most civil cases that kind of timeframe doesn’t begin until the moment at which you reasonably should have realized you were injured.

3

@tabbaker If you’ve told the orthopedist it was a work injury, he may be legally required to first bill W/C, so you should fill out the paperwork at work on the claim (even though the case itself may be a dog).

I’d also make sure that the orthopedist is in your personal health insurance network, on the possibility that W/C fights the claim and you need to assume responsibility for the bills.

1 Like