Pre-Existing Injuries and Workers’ Compensation

A painful injury at work can spell trouble for your financial future. When you get hurt while working, you may be eligible to file a workers’ compensation claim. However, what happens if the body part you hurt this time is actually one that has given you trouble before?

Even though insurance companies will attempt to deny a reinjury, it does not mean they will be successful. If the new injury is legitimate, you still have the right to receive compensation. Find out more about the steps you need to take to ensure you can collect. An attorney can be of the utmost assistance in these confusing claims and a workers compensation lawyer from a firm like Hickey & Turim, SC can be of great help. 

Get a Medical Report

Some work injuries happen because of a traumatic event or repeated movement of a single body part. Regardless of how you were injured, you should seek medical treatment as soon as you feel pain or have sustained damage. You can go to your personal physician, urgent care or a clinic that specializes in work injuries. Once there, fill the doctor in on your symptoms, the inciting incident that led to the pain and your prior history. The doctor may want to get a copy of your medical records before going forward with a treatment plan. However, the physician should still author a medical report documenting the injury.

File a Report of Injury

Once you have a medical report in-hand, you should file a report of injury with your employer. This will fill them in on the accident or the doctor’s finding of a repetitive injury. You will then disclose that this is a reinjury. The employer will then ask you to sign the report and pass it on to the insurer.

Go Through the Investigation

The workers’ compensation insurer will then begin its investigation. Based on the way you were injured, they may authorize temporary disability benefits. These may pay for your medical treatment as well as a portion of your lost pay. The insurer will want to see any records regarding your prior injury, especially if it was a workers’ compensation claim. They will look for any permanent disability or damage diagnosed from that injury. Depending on the extent of the previous injury this will then determine the verdict of this particular workers’ compensation case.

If you are still unsure whether you can get through the claim alone, a workers’ compensation lawyer may be able to help. Speaking to someone in your area who handles this type of thing on a daily basis may not only put your mind at ease but also allow you to focus on healing.