• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Worker's Comp. trying to dump me?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



I was hurt on the job back in 92 - I was treated and ultimately found permanently partialy disabled. We (my lawyer and I) are attempting to reopen the case since the original injury has caused me to develop DJD in both knees. The insurance company's lawyer is now saying I filed another worker's comp. claim on my knee at a different job in 95 even though my settlement didn't occur until 97. I have no record or memory of this. My laywer is attempting to get them to provide proof of this. My question is - if I did hurt my knee at this second job (I have no paperwork and never recieved any benefits) how will this affect my case? I am sure that if I did hurt my knee a second time I would have told any doctor that I had an original injury.



The general idea is that the insurance company will use the evidence (if there is any) of a second injury to in effect prove that they do not now owe you any money. Or, if they do, then that amount should be reduced by a percentage that is attributable to the second injury. OK?

Mark B. Replogle

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential