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Zachary
Zachary, Lawyer
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Experience:  Contracts, Wrongful termination and discrimination
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out of work > a year - NYS employer did not recognize that

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out of work > a year - NYS employer did not recognize that the Major Depression PTSD & Anxiety were work related & the reason unable to return to duty - did not file WC until this 'erroneous' deed- why - self advocate, working w/ therapist & doc to recover on own, all my fault you see ...had worked on a locked ward for psychiatrically (!!!) ill 5-18 year olds... after 5 years I fell apart following a restraint... my functional abilities had been deteriorating and work was being affected (i.e. coming in very late) .issues associated with past personal history for trauma and abuse resurfaced too... now, SIF investigator reports prejudice... and dismissed / neglected several points... like "accident" / "extradinary event" / "injury" form indicated state prejudice esp when the effects of exposure to assaultive work conditions were gradual, over multiple verbal and physical abuses of all staff, violence normalization, and ignored safety of staff- should I change, go for personal injury
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

From what I understand you incurred PTSD as a result of work, filed a claim under workers compensation, and then this was rejected by the workers compensation department.

Is that correct?
Customer: replied 1 year ago.


not completely


 


I filed a claim at the same time of my termination ..... I had started treatment on own/med leave then was so far into same I did not convert to comp when I became more clear-headed ... I wanted work-related connection recognized on termination "based on work-related disability" not "ordinary disability"


 


the insurance fund controverted, maybe employer


reasons - late filing / afterthought, because of termination of employment, because I stayed w/ my insurer instead of pursuing sooner and because of this forms to employer from MD do not show enough evidence (she took over and continued with what was begun) ...


 


pre-hearing conference today ... trial actually in May to determine "if" claim is valid .......


 


seems "an extradordinary event" had to occur ......... strikes me as prejudicial towards those with mental health illness related to work where violence occurs .......... Depression, PTSD, and Anxiety either evolves over time or suddenly ... I work for a psych center so this is rather ironic ...... this is an illness, not an accident-related injury ........ frankly it strikes me as outright discrimination .... that is why the question regarding comp or personal injury (going after NYS Insurance Fund and Office of Mental Health) .... I do not even know if I can cancel comp claim and then do personal injury

Expert:  Zachary replied 1 year ago.
Ok,

Thank you for clarifying what's going on.

In fact, you cannot cancel your workers compensation claim and try to reassert it as a personal injury/negligence claim. The workers compensation statute specifically prohibits this. Your best bet is to continue pressing the workers compensation claim.

Please let me know if you have any questions. Please also remember to kindly rate my answer positively so that I am compensated by the website for my work on your question. Rating does not cause any additional charges and will not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3927
Experience: Contracts, Wrongful termination and discrimination
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