Consequential Injuries In New York

When considering a workers' compensation claim, a claimant should be mindful of consequential injuries. Injured workers often file for and are awarded workers' compensation benefits, but do not seek compensation for consequential injuries because they do not realize there is additional compensation available.

A consequential injury is just that - an injury that occurs as a consequence of something else. The "something else" in this case is the original injury. Say, for example, a worker injures his right hip and is awarded workers' compensation benefits for the injury. Over the next couple of weeks, the worker does not realize that he is walking very awkwardly on his left leg to compensate for the injury to his right hip. As a result, the worker sustains damage to his left knee, needs additional medical attention and is handicapped further.

In this circumstance, the worker may be eligible to receive additional workers' compensation benefits for the injury to their knee. While the connection in the aforementioned example may be easy to see, connecting the consequential injury to the original injury often requires more knowledge of medicine.

The most prevalent example requiring medical investigation is depression. Studies show that disabled people and people suffering from chronic pain are prone to different levels of depression. In this circumstance, depression can be considered a consequential injury, and the injured party may be entitled to additional workers' compensation benefits as a result.

An experienced personal injury attorney can answer your questions about the possibility of compensation for consequential injuries and help you receive the compensation you deserve. Contact an experienced personal injury lawyer today.