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Is this a worker's comp case or can I file a lawsuit?

Bronx, NY |

I work as a dog groomer and between my middle and ring finger, I have a bump that fills up very frequently with dog hair and pus. I've gone to the hospital to get it drained but they said they can't cut it because there are a lot of nerves in the area so I have to continuously go to get it drained, is there anything else that can be done? Would this be considered a worker's comp case even if no individual dog has injured me?

Attorney Answers 3


  1. As a general principle of law, an employee who sustains injury in the course and scope of employment, or who develops an acute or chronic condition as a result of exposure to conditions in the work environment, is entitled to worker's compensation benefits. As a general principle of law, worker's compensation benefits are the employee's exclusive remedy with respect to his or her employer. So the answer to your question is that, under general principles of law, you are entitled to worker's compensation benefits for the injury or condition you describe.

    Not legal advice as I don't practice law in New York. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds New York licensure. That's not me.


  2. Dear Madam or Sir in the Bronx:

    Assuming your doctor states a diagnosis in a written report (he will use a C-4 form found on WCB web site), and states it was caused by your occupation, then you should immediately file a claim with the Board, annexing the medical report.

    It sounds like you have an occupational disease; it is something that happens over time but not from a single traumatic event. When you write a lot, you can get a non disabling bump on your finger where the pen is held.

    Your condition is clearly more serious. It sounds like you have had cuts on your skin that became infected.

    good luck

    Leonard Feld

    The foregoing is based on the little information provided; additional facts may change the comments given.


  3. This sounds like an occupational (WC) injury/illness. It is still a WC condition if the work environment (grooming dogs) causes the problem, even if one dog bite or scratch did not.

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