Saturday, April 25, 2015

New York Workers CompI was walking through the doorway at work and my knee popped. Worker's Comp is denying the claim, is that correct?

Question

New York Workers Comp

I was walking through the doorway at work and my knee popped. Worker's Comp is denying the claim, is that correct?



Answer

Re: New York Workers Comp

Perhaps you were denied Workers Compensation because there was no proof of connection between your injury and your work. To qualify for workers compensation payments, the injury must occur BOTH "out of AND in the course of employment" and while your injury seems to have occurred "in the course of employment", you may not have sufficiently demonstrated that the injury was a risk associated with your work activities, i.e., you may not have demonstrated that the injury arose "out of" the course of employmen; and/or, Workers Compensation payments may have been denied on the rationale that your injury was aggravation of a a pre-exiesting condition which was not work-related.

As to the "correctness" of the decision to deny you workers compensation payments, that is not necessarily an open and shut question with a "yer or no" answer. Perhaps if your type of case case had been presented and argued differently, the decision might have been rendered in your favor.



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