Effect of a New Disability on Workers Comp

[pjm333]

My question involves workers compensation law for the state of: New York
I injured my right knee at work
at 9/22/09 and was on crutches for 5 days, since
then my left knee has become very painfull and
unstable. I got a MRI and was told I need surgery on
my left leg which im using my private insurance.

My question is how does this effect the work comp
claim on my right knee? The work comp insurance
carrier called today and wants to know how Im
feeling, can I work, surgery etc. I want to have my
left knee done first then my right knee. I could
claim the right knee cause the left knee pain etc
but in general I want to know If I could loose my
work comp insurance if I get my left knee done
first with my private health insurance ? Could they say im no longer disabled from my work injury ? Thanks in advance !

[Mr. Knowitall]

Yes, if you are disabled from a condition unrelated to your work injury, that can cut off your disability claim from your work injury. I suggest consulting a worker's comp lawyer - the first consultation should be free.

[pjm333]

Thanks for your help Mr. Knowitall

[chriscnaz]

Be careful when you report info about your left leg, because if they can prove it was a pre-exsisting injury or condition ( which they may try since you're having left knee surgery, can you prove its not the same problem as your right knee).

Somehow WC insurance comps have a way of twisting words around to thie benefit.