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Question: Employment and Labor - New York

Asked on 11/6/2009
I INJURED MY BACK WHILE WORKING AT A CVS IN 2008. WORKMANS COMP CASE IS STILL OPEN.AT WHAT POINT WILL THEY WANT TO SETTLE OR DO I NEED TO BEGIN .
i STILL HAVE ISSUES WITH MY LOWER BACK. i WAS LIFTING CASES OF WATER TO LOAD ON TO A U-BOAT. CVS NEVER PROVIDED BACK BELTS.I HAVE RECEIVED MEDICAL TREATMENTS TO DATE. AT WHAT POINT SHOULD I CONSIDER SUING FOR DAMAGES ?

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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


You can't sue for damages.  Workers compensation is the only remedy you have.  But workers' compensation isn't just about medical treatment, and you may end up have some permanent partial disability, which you can get payments for.  You should find a good lawyer who does workers compensation cases, and have him or her handle your claim.

In addition to medical expenses, workers compensation will pay temporary total disability, usually at 2/3 of your regular pay, if you can't work while you're still in treatment.  Once your treatment stops, if you still can't work, you're entitled to permanent disability payments.



  • Answered on 11/6/2009
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