Workerscomp Lawyer: a New York Nurse'S Back Injury Case

Maria R., a certified nursing assistant employed at a New York City hospital, reported experiencing a serious back injury while lifting a patient during a shift. 

Following the incident, she reported the injury through her employer’s workplace reporting procedures and sought medical treatment.

Diagnostic evaluations later indicated a lumbar disc herniation that required continued medical care and limited her ability to perform regular job duties.
 

After the injury report was submitted, the employer’s workers’ compensation insurance carrier initially disputed the claim. 

The carrier questioned whether the injury arose out of and in the course of employment, which is a requirement under New York Workers’ Compensation Law §10.

Because the denial placed Maria at risk of losing wage replacement benefits while medical expenses continued to accumulate, she sought assistance from a workerscomp lawyer to challenge the decision and pursue the claim through the Workers’ Compensation Board.
 

In order to establish a compensable injury, medical evidence must demonstrate a connection between the employee’s job duties and the injury. 

Under New York Workers’ Compensation Law §13, injured workers may obtain treatment from authorized healthcare providers.

SJKP worked with Maria to obtain medical reports from treating physicians describing the nature of the injury and the physical demands of her job duties. 

These medical opinions helped address the carrier’s argument that the injury might not have been work-related.

Establishing medical causation is often a central issue in contested workers’ compensation claims, particularly in cases involving back injuries that may develop gradually through physical strain.
 

Because the insurance carrier continued to dispute the claim, the matter proceeded to hearings before a Workers’ Compensation Board Law Judge. 

During these hearings, the parties presented medical reports, testimony, and legal arguments addressing whether the injury was related to the employee’s work activities.

Attorneys representing the claimant may assist in organizing evidence and presenting the case before the Board. 

The goal of the hearings is to allow the WCB judge to determine whether the claim should be established under the Workers’ Compensation Law.
 

In cases where the claim is established, the employer’s insurance carrier may be required to cover medically necessary treatment related to the workplace injury under Workers’ Compensation Law §13.

Employees who are unable to work while recovering may also receive wage replacement benefits. 

Depending on the medical findings and the employee’s ability to return to work, benefits such as temporary total disability or temporary partial disability payments may be awarded under Workers’ Compensation Law §15.

These benefits are designed to help injured workers maintain financial stability while undergoing treatment and recovery.
 

If medical providers determine that the injury has resulted in lasting limitations, the worker may be evaluated for a permanent disability classification under Workers’ Compensation Law §15.

Depending on the circumstances, this classification may affect the duration and amount of wage replacement benefits available. 

The Board may consider factors such as the worker’s medical condition, ability to return to work, and loss of earning capacity.