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Previous Workers Compensation case. - Printable Version

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Previous Workers Compensation case. - Mustang229 - 01-07-2017

First off let me say Hi as I'm new to the board! I have a question about a previous workers comp case I had and I'm hoping somebody could help me out. I live in NY btw,information if needed. Basically when i was 19 years old,im 23 now,I cut my tendon in my pointer finger and had to get surgery to repair it. I was receiving lost wages checks ever 2 week i believe it was. Now at 23 years old I injured my knee on the job and also need surgery now,my luck right?. I was told by a family friend after all said and done I can recieve a settlement based on if my knee is not back to normal prior injury. My question now is back when I was 19 I NEVER was told I could settle on my finger,is it too late to open that case back up with a lawyer and possible settle? My finger has never been the same since surgery. Thank you for all your help!


RE: Previous Workers Compensation case. - 1171 - 01-07-2017

you want to know the New York time limits for reopening a claim.
(the laws apply to your claim whether you choose to find out about them or not.)

Section 123 of New York work comp statutes provides the Workers' Compensation Board with authority to reopen closed cases, subject to the time limitation that no awards shall be made against the Special Fund or against an employer where the application is made 'after a lapse of eighteen years from the date of the injury or death and also a lapse of eight years from the date of the last payment of compensation.

you can't "settle" any case unless there is medical evidence supporting additional benefits. if your doctor released you with no permanent impairment or need for future treatment, there was/is no basis for a settlement.
in order show entitlement to additional compensation benefits you will have to have medical evidence of permanent impairment or wage loss due to the effects of the injury 4 years ago; they will not take your word for it.


RE: Previous Workers Compensation case. - 1171 - 01-08-2017

you're welcome. glad I could help.