Should these injuries be covered under my former worker's comp claim? Am I entitled to any settlement for these injuries?

Asked over 1 year ago - New York, NY

I fell on 11/2011. X-rays showed a broken fingers and elbow. (Surgery was required for the broken fingers.) Had back pain, but x-rays did not show anything broken on my back. Occupational therapy was covered by worker's comp. O.t. stopped, but finger is crooked. Pain continued to progress on my back, as well as my hip and leg. Had MRI for my back on 7/2012 which showed herniated disc(s). Physical therapy was recommended, but work schedule could not accommodate it. Pain continued to get progressively worse, with severe pain in my hip/leg. Had an MRI on 4/2013 which indicates a labral tear of the hip. I do not engage in any physical activities which would cause these injuries, and have not had any accidents since 11/2011. Would this fall under worker's comp? Do I have a case here?

Additional information

Just to be clear, the original injury happened on a sidewalk outside of work on my way to the field. (I do a great deal of field work, with lots of walking and climbing of subway stairs, which has been exacerbating the back/hip/leg pain.

Attorney answers (4)

  1. William Ward Crossett

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . Very likely that you can amend claim to include hip. Circumstances such as this demonstrate the need for legal assistance early in every case so as to protect your interest and establish a relationship with an attorney before trouble arises. Consult with a local attorney versed in workers compensation law soon

    Please remember the answer to this question is in general and without knowledge to the specific facts of your case.... more
  2. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . It will ultimately be a question of "medical causation" and a good workers' comp lawyer can help you navigate that legal and medical minefield. I agree with my colleagues that a good lawyer hired early in the case would have been the best course for you.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more
  3. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . This is why you need to consult a WC attorney when you are injured. There are many fine Avvo attorneys in your area. Contact one for help as soon as possible.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  4. John M Connell

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . I would agree with Mr Crossett that you should seek out assistance because the insurance company is likely to make you jump through some hoops to get it covered. There is no reason not to pursue it though.

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