He is experiencing severe pain in his back. What should he do now from a legal standpoint? I've had to take work off yo help with our three children while he is in the hospital.
It sounds like your husband has a good worker's compensation claim. He needs to file a C3 form with the NY Worker's compensation board, as well as the C-3.3 for release of health information. If he retains a lawyer, the lawyer will handle all of this. He's entitled to have all injury-related healthcare covered, as well as 2/3 of his salary, and treatment-related transportation expenses. However, he's also still entitled to file a personal injury lawsuit, which can lead to much more significant compensation. If defective equipment was involved, there may be a products liability claim against the manufacturer as well. but it is likely that his employer will bring that party into any lawsuit. Keep in mind that the statute of limitations for commencing a worker's compensation lawsuit is two years from the date of your last worker's compensation payment, or the injury, if there have been no payments.
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