NYS workers comp question?

[jorel]

I hurt my back on the job back in March and the doctors put me out on disability because of my injury. I still have not received any workers compensation payments so I hired a lawyer 2 months ago. The insurance company that my boss had for workers comp still has not responded to my lawyer or to the workers comp board. Does anyone know if there is a penalty for not responding to anyone. I too have called numerous times with no success as to a return phone call. I'm just curios as I've been told that there is a daily fine that the company has to pay and that I receive part of that fine. My lawyer did fill out paperwork that they had until approximately a month ago to respond and they still have not. Would appreciate anyone's input on the matter. Thanks!!

[bronsin]

No offense Judy, but you shouldn't get anything for that. You're telling me that because your back is so bad you can't find a job doing something else? See, this is the problem with America's economy. We spend all of our hard-earned money helping people who cannot themselves contribute to the well-being of our country. It is easier to hurt your back on the job, sit around, and get paid for it. Sure I agree that your company should pay your medical bills, but not your wages. You should get out there, and find a job that you can do still, even with a "hurt back." You seem to be able to ask questions on Yahoo just fine, so I bet you can type and sit at a desk just fine too.

To answer your question though, yes. There are laws that protect you, and that require your employer to get back to you. Your lawyer that you hired should know what those laws are, and how to apply them to your situation. Just remember, because you're claiming Workman's comp, everyone in your company will have to pay more in premiums next year, maybe even so much that puts them over into losing everything. Hope that isn't the case though.

GOOD LUCK!

[iomar]

Ask your lawyer. I'm always amused by people who hire a lawyer and then ask for advice on Yahoo.

[jan46]

For the exact question, yes, there IS a penalty for the insurance company not responding in a timely manner to the insurance claim, once it is filed. The time period varies from state to state, but is rarely more than 30 days - which you are well past.

Judging from the complete lack of communication you've received, I think the odds are good that boss let his policy lapse. That's just about the ONLY reason why an insurance company flat out wouldn't respond to you.

You do not receive part of the fines. The actual fine the state imposes on a company, is for not carrying workers compensation coverage - usually that's $1,000 for every day without coverage - unless they shut their doors and file bankruptcy.

Regarding the lost time portion . . . How long, exactly, were you out of work? There's a waiting period for lost wages. The clock starts ticking, when you see the workers comp approved doctor. In NY, the time period is 5 days before wages start being covered - but those first five days don't get covered, unless you're out MORE than 14 days. Your lawyer would know that, though . . . so the waiting period bit probably isn't part of your claim.

[lorimar]

I do not know of any penalty for refusing to respond by telephone. Generally speaking, even if someone is required to do something, they are not required to use the telephone to do it.