Workers Compensation Injury Reporting Question...

by Anonymous

I won a workers compensation case from my old employer back in 2001 for a lower back injury (I ruptured several disk in a fall). I was retrained for a desk job and now have carpal tunnel and a shoulder injury.

Do I have to tell my current employer about my old unrelated claim from the old company? Will my new claim be affected by it?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Workers Compensation Injury Reporting Question...":

From the facts you present we are unsure of which state you hail from. We are unaware of any state whose statutes or laws require an employee injured from an unrelated and previous accident to notify their new employer of that previous injury when reporting a new injury.

Even if your new claim was another back injury you are still not required to notify your employer. But be careful. If when filing a claim, whether for another back injury or your new carpal tunnel syndrome, there may be a questionnaire which asks if you have had any previous injuries. If you do not answer the questionnaire truthfully, you may be precluding yourself from any benefits.

If you tell the truth when asked you should have no problems at all recovering compensation for your new injury. If you do not, beware of the consequences. Those consequences may include having your employment terminated.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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