NY workers comp.?

[backless]

I see a few NY'ers,I got a question.I know someone in NY,out on comp.He wants to leave his case open forever,or at least a long time.He has alot of arthritic probs and major depression.He claims that as long as his DR.says he cant work ,thats it.I live in Fl. Its totally different here.I would have had to be a quadrapeligic,with a teminal illnees ,it seems to possibly be perm .totally disabled.Does anyone know the real deal here.My thought is he would have to be rated,and then what would determine that he get the max of 400 a week for life.He then says he will aply for SSDI and his case looks good.What brought this all about was he got laid off while he had a w/c case going.He did file a suit and mediated a deal,but shortly after was going on job inter views,until this idea came to mind.I can't believe it can be that easy,is it.

[caudaequinasyndrome]

in ny you can stay out with ppd or tpd, once classified you dont have to settle

[rabidcoyote]

the same goes here in missouri...you'd have to be on life support damn nert' to get ptd. we have to fight to get ANYTHING here. it's all favored to the employer and insurance co, not the injured worker....we're easily replaced according to the peeps at the division of labor. its crazy to think that there is so much diffrence in the wc system of diffrent states...you'd think that would be something that would be the same throughout the country but it ain't. that is why it is so important to have a good lawyer on yer side because they (WC) will screw you any chance they get. been there, done been bent over....:mad: rabidcoyote

[caudaequinasyndrome]

from my knowledge of workers comp in nys , its better to be ppd, with ptd its easy to videotape you doing anything from taking the garbage out to grocery shopping. ppd pays the same for me as ptd.

[backless]

So the bottom line is,in NY ,you can collect the 400 a week for life if ppd or ptd?Could that be right.Do they do evaluations like SS does?

[caudaequinasyndrome]

So the bottom line is,in NY ,you can collect the 400 a week for life if ppd or ptd?Could that be right.Do they do evaluations like SS does?
yes that is correct. as long as you were not planning on retiring at a certain age the payment continue for life.
the insurance company can always send you for a IME even when classified, if they could prove your condition had significantly improved i am sure they can reopen it. i think that is pretty rare in NYS.
of course if the injured worked gets videotaped or works without informing wc , including volunteer work or starts performing functions that are well outside their restrictions or classification , they could lose everything
in my case i am PPD , i could earn about 45,000 a year and still collect the 400 a week from comp. as long as the work was in a different field and within my restrictions, and the most important thing, i would have to let comp know before i started working.

[rabidcoyote]

lol........think i'll move to NY with a WC system like that....might have had a chance at a fair shake then instead of the continuous b.s. from them here in good 'ol missouri.shame how the system is:mad:

[caudaequinasyndrome]

it is not that easy, i think one of the reasons i have had less problems is my average weekly wage was high, 400 a week was maybe 20 to 25% of my pay.
plus aprt of my injury visible , cant dispute it

[backless]

Im telling ya,good for the NY'er that gets hurt at work.But ,the sunshine state dont shine no sun on injured workers. I got hurt,3 herniated disks,both knees ,2 ortho's in right 3 in left.Was making squat for salary and they broke my gonads bigtime for 250 a week,with a max of 104 weeks.then the w/c carrier files for bankrupcy,I get told that at my surgery appt.Had atty, and all we could do was wait untilthe state stepped in. that was 6 weeks. State stepped in,company ordered to "rehibilitate"they agreed another month or so before benefits started again.Thus is the reason people surrender and settle.After 104 weeks ,I would have medical open,but would have to beg for approval.As for money,I think it would have gone down to about 125 for a few months ,then threy would "find me a job"and pay salary differance for a little while longer.So now I wait for SSDI hearing,3yrs,9 mos. and holding.My settlement money long gone.