Workers' Compensation and Consequential Injury Claims

A consequential injury claim is an additional injury that occurs (on or off-the-job) as a consequence of the original work-related injury. For example, if you injured your right knee at work, but now when you walk, you favor the other leg, and your left knee is now affected, the original injury (right knee) caused the new injury (left knee). You may be eligible for benefits for the left knee because of the connection to the right knee injury.
If I have a physical disability due to a work-related injury but I find myself depressed and need medical treatment for my depression - would that be covered? It’s possible. Many people are used to working and being pain free. So, if there is the appropriate medical evidence, a claim can be made that they suffer from depression as a consequence of the underlying physical accident.
To prove the connection of the injuries: as in most cases, it comes down to evidence. You will need to provide the New York State Workers' Compensation Board with a medical report that provides a history, diagnosis and an opinion that it was related. We may have to take the doctor’s testimony before the Law Judge will establish the claim.
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