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If your on workers compensation in NY and have a certain injury and then further injure the part can it affect your case?

Brewster, NY |

If someone injured their back while at work and then slipped and fell and further injured their back will that affect their case? Furthermore, if they slipped and fell in a place where they rented and it was because the stairs were not properly installed can you sue the landlord for that? Especially since you told the landlord the landlord did not respond right away and you slipped and fell again.

Attorney Answers 4

Posted

When ever there is more than one cause for an impairment, such as caused by a back injury, it may have consequences in either a workers' compensation or a personal injury case. While you have the legal "right" to pursue each matter it is likely that the two injuries will make the matters complicated. It is likely to your advantage to work with a local attorney who understands both types of cases so that their is coordination of effort and strategy.

Please remember the answer to this question is in general and without knowledge to the specific facts of your case. You should not rely on this answer when making important life decisions and seek a legal opinion based on your particular facts and circumstances.

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Posted

Having a subsequent injury to the same body part definitely makes a difference in the claim. The ins co will want to know about that. If you dont have an attorney getting one is good idea for both injuries because it creates an issue on both potential cases.

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Posted

If you fell and were injured due to your landlord's negligence you can commence a personal injury suit against him or her. The time limit for this is generally three years and timing may be important. You also appear to have a pre-existing workers' compensation claim and both accidents caused a back injury. The problem you face is that the carrier in each case will try to shift liability to the other and claim that some if not all of your injury/disability is due to the other's case. You should consult with experienced workers' compensation and personal injury attorneys who can help you navigate and coordinate these claims so that you achieve the best possible result. If you can locate a single firm that has both types of attorneys you may be better off since they will be more easily able to communicate and share information on both cases. Good luck.

This answer does not constitute legal advice nor does it create any attorney client relationship. It is provided for general purposes only and you should not rely upon it in making any decisions. You should consult with an attorney licensed in your state who is experienced in the area of law involved in your question.

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2 comments

Nance L Schick

Nance L Schick

Posted

I agree with you, Alan, but just as William Crossett stated about the injured person's rights to pursue both claims, the insurance carriers have rights to ensure they only pay for the expenses related to the injuries caused by those they insure. You seem to suggest the carriers are doing something wrong when you state there is a problem. There is not really a problem. Yes. These types of cases can get complicated, but there are plenty of us out there who can and will take on the complicated matters and facilitate resolution. In fact, the more challenging claims can also be more interesting and give us more opportunity to practice creative problem-solving. :)

Alan Stuart Katkin

Alan Stuart Katkin

Posted

Nance, I am not implying that the carriers are doing anything wrong at all. Their job and obligation is to limit or avoid liability where there is a basis to do so. However, it would be disingenuous and I believe, dishonest to claim that that each carrier will not actively defend its claim by trying to shift liability to the other. This could well work to the detriment of the claimant and this is the "problem" I mentioned. I agree that there are many capable attorneys on both sides and that ultimately many cases with similar circumstances get worked out. ALAN S. KATKIN ATTORNEY AT LAW 1500 HYLAN BLVD STATEN ISLAND, NY 10305 PHONE: 718-987-5500 FAX: 718-980-1745 E-MAIL: akatkin@askalanlaw.com

Posted

The facts you describe would create liability against your landlord and you may be able to recover an amount which would compensate you for an aggravation of an already existing back injury. The down side is that it would certainly affect the viability of your workers comp claim, as further described by the workers compensation attorneys who have posted here.

If the aggravation of your injuries lead to further complications and more invasive treatment, it would certainly be worth it to contact a personal injury attorney for a free consultation. Good luck!

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

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