QUESTION: I PREVIOUSLY HURT MY BACK AT WORK. JUST RECENTLY I HURT IT AGAIN. DO I NEED TO FILE A NEW WORKER’S COMP CLAIM?

ANSWER: Under the New York State Workers’ Compensation Law, an injured worker has two years to file a claim from the date of accident. Even if a worker injured the same body part, it is essential that a new case be filled.

On April 14, 2000, Joe Worker hurt his back on the job. The injury caused him to lose two months of work because of a back sprain. He then went back to work and stayed on the job without difficulties until July 22, 2003. On that day, he had a new accident that also caused a back injury. An MRI showed that he now had a herniated disc that required surgery. But Joe did not want to have the surgery because he could not get time off from work.

Unfortunately, he did not know he should file a new claim. Because he had hurt his back in 2000, he figured that this recent injury was related to the old case. On October 5, 2005, Joe’s back was killing him and he finally agreed he needed surgery. However, when Joe contacted the New York City Law Department he was advised that because they had no record of an accident from 2003 his surgery was being denied. When Joe contacted the carrier on the earlier case, he was told that surgery had been denied because it was not related to the 2000 date of accident. Joe then contacted his private carrier who denied liability because this recent injury was the result of a work-related accident. Joe was stuck.

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Prior results do not guarantee outcomes.
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