Legal Question in Workers Comp in New York

Worker Comp Reoccurence

My husband had a bad back injury from when he had injured it years ago but was not treated just went to the doctor here and there, then he re injured it at work on th job pretty bad. Can he qaulify for workers comp?


Asked on 7/19/08, 6:25 am

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Worker Comp Reoccurence

Yes he can. Workers Compensation Law at least right (this is something that may change) recognizes the concept of the "egg shell claimant". Meaning that if a person has a work related injury that excacerbates a non-work related injury than the employer "takes the claimant as they find them." Now, there is legislation being considered that would give the insurance carrier the power to apportion the injuries between the old accident and your husband's work related accident. My advice to you is to have your husband find a workers compensation attorney in his area (check the injured workers bar association website) immediately.

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Answered on 7/20/08, 9:23 am


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