It may sound crazy, but insurance companies deny legitimate workers’ compensation claims even while injured employees are unable to work and have no income. But what do you do if you get re-injured at work or on the job? The reality is that while injuries can occur at any place of work, you can still get compensation benefits for new injuries even if you have a previous on-the-job injury or a pre-existing condition.
Here’s what you need to know if you get re-injured on the job.
Denial Is Likely
Unfortunately, your re-injury workers’ compensation will likely be denied – at first – if you have a previous workers’ compensation injury, an old unrelated injury, or a pre-existing health condition. In nearly all states, if you are injured on the job, you are still eligible for medical benefits, and wage replacement.
The same is true if your past workers’ compensation injury is getting worse. In many cases, your condition – whether a previous on-the-job injury like a broken bone or torn ligament or the worsening of a general health condition like arthritis from aggravation while performing your job duties – will come back denied.
If you face denial by the insurance company, don’t give up. Even if you aren’t eligible to file a new workers’ compensation claim, you may be able to reopen your previous case. In either instance, you will need the guidance and support of an experienced workers’ compensation attorney to improve your chances for a positive outcome.
New Workers’ Compensation Claims When Re-Injured at Work
If re-injured after an early workers’ compensation claim, you should still be able to claim benefits for needed medical treatment and wage replacement while out of work. Though your claim may face initial denial, a knowledgeable workers’ compensation attorney can help you understand your rights and ensure you get the benefits you need.
In order to receive benefits for the re-injury, you will need to demonstrate the second injury is separate from the initial incident as well as different from the initial injury and workers’ compensation claim. Essentially, you have to exhibit a new injury – even if in the same area of the body – that is different or worsening as a result of your work.
As with all workplace injuries, it is crucial to report the re-injury and new incident as quickly as possible by filing a new claim. Whether the re-injury is the result of an accident, overexertion, or repetitive motion; you will need to specifically document what occurred on the job as a result of your work to cause you further harm.
Once you have shown the reinjury was the result of a new incident and establish it separately from the first injury and claim, it will be easier to settle the new workers’ compensation claim for benefits. You will need to be sure your physician documents every visit, treatment, and medication in detail to clearly showcase the re-injury as its own incident with distinct problems. Evidence in support of the fact that the re-injury is unique will be beneficial to your successful workers’ compensation claim.
Preparing for the Workers’ Compensation Insurance Company Denial
As previously mentioned, insurance companies will seek any reason to deny your claim. Understanding this before you make a workers’ compensation claim is key to helping you get the benefits you deserve following an on-the-job injury or reinjury.
Doing the proper reporting is the first step, and getting the necessary treatment follows. Always disclose any pre-existing conditions and don’t make excuses for your injury or your pain. When a pre-existing condition is known to exist, the insurance company will often try to link the injury to the pre-existing condition or the previous on-the-job injury in order to deny the claim. This is why it is so important to separate the new injury, its pain, and any resulting disability by explaining these issues did not exist previously to all parties involved as well as your doctor.
In addition, be sure to always follow the doctors’ orders regarding restrictions following a reinjury to avoid a rightful denial of your claim.
Get Workers’ Compensation You Deserve for Your Reinjury
If you have a claim for a reinjury or worsening condition, you are entitled to Medical and Wage Benefits. With the help of professional and experienced workers’ compensation attorneys, like those at Work Injury Rights, you can make the best claim for your experience of getting re-injured at work.
If your claim has been denied, the team at Work Injury Rights will see that your rights are protected and you get the benefits you deserve.
Call 954-833-5226 or contact us online to schedule a free consultation and get the help you deserve.