Legal Question in Workers Comp in New York
preexisting injury
When hired by my present employer 4yrs ago, I stated the fact that I had prior operations on my knee. They did not send me for a physical, just asked if it impaired me from doing my job, it did not.
During my employ, most recently I work 10hour days, mostly on my feet on concrete floors. My knee has been swelling&painfull, not able to support myself, it loses feeling, and foot turns purple and cold.. My dr wrote orders to limit my time on my feet which my employer did not obey. He now writes me out of work because of the condition of my knee. My employer says its not work related and rejected the claim, my dr says my condition is due to the excessive time on my feet which has deterioated the condition of my knee. Should I purse the WC thing or go with Short term disability? The dr says I will not be able to continue my job if I want to keep my leg
1 Answer from Attorneys
Re: preexisting injury
I received your inquiry on 9-14-2000.
Get a WC attorney. The fees are paid by the carrier and are minor but the value they have provide are excellent. If you need some firm names, i will be pleased to provide you with a choice.
Also, please contact me as there may be some facts that may lead to a potential suit against other parties, even if the accident occurred while 'on the job". I offer free consultation.
Good Luck.
RRG