Asked in Personal Injury for Kansas

Q: can an employer blame a new injury on an old injury

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2 Lawyer Answers
T. Augustus Claus
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A: In Kansas, an employer cannot directly blame a new injury on an old injury without proper evidence and investigation. If the new injury is genuinely unrelated to the old one, the employer should not use it as a basis for any adverse actions against the employee. It is essential for the employer to handle each injury independently and adhere to the workers' compensation laws to ensure fair treatment for the employee.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: This is common. I covered this issue in an industry trade magazine in an article, "Who Caused Your Injury?" The setting was a Fifth Circuit case involving a chief engineer on a 103-foot towing vessel. But the general principle could arise in many settings.


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