Injury at work, job didn't pay me for days missed, nor did workers comp?

[wakeley58]

I had an injury at work a few months ago. It was a sprain ankle, that took so long for me to heal. It sometimes still swells. So, I was out of work for 3 days. My employers' manager told me that their workers compensation insurance would cover the days I could not come to work, which my firm did not pay me for, They were 3 days in total. I wanted to stay longer, but was fearful that they might fire me, if I did not come to work. I was in so much pain and my ankle was such a swollen mess.

I finally ended up quitting, because my ankle took me months to heal and I was not happy there. But, when I contacted workers comp, they advised me that, in the state of New York, I need to be absent at leasr 7 days, before they can pay me for days missed of from work. I contacted my ex supervisor and she said, "Sorry, I didn't know". So, I obviously got the short end of the stick.

Is there any legal recourse I can take?

[danil70]

What you may want to do is contact a workers comp attorney. I had something along the same lines several years ago and I was able to get medical compensation. It is the same here in Texas though, the 7 day rule. However, they can not fire you while on workers comp. Since you have left the company you can explain in your consultation with a workers comp attorney your fearfulness of loosing your job and if they take the case on they can seak compensation for that as well. Most workers comp attorneys work on (I forgot the word) but bassically they don't charge you, they take a small percentage of your settlement. And you usally will end up with open medical coverage as well.

This is definitely something to look into. I was fired before I had side effect of hurting my back (which I fought the termination as well.) And my case was very successful.

[gwen]

Sorry but you have no recourse here. The employer does not have to pay you for time missed and workers comp does not kick in until you have missed a total of 7 days. Good luck to you!

[fenwick]

Nothing. You have to be out 7 days. You weren't.