Sometimes a previous work injury can lead to a secondary problem. Other times, a re-injury, independent of the old damages, can occur after completing a workers compensation plan. In both situations, the employee may be eligible for a new or renewed workers compensation benefit.

These cases can be complicated since no employer wants to keep paying benefits for injuries. The insurer and the legal team will find reasons to deny your claim. However, a Lancaster workers compensation attorney can fight for your best interest.

When a Secondary Injury and Re-injury is Eligible for Workers Compensation For a secondary injury to be eligible for workers comp benefits, you must prove that it was a result of your old wounds. It could go both ways:

● The new injuries were worse only because of the old one.

● The old injury was the direct cause of the new one.

You can also file a claim for an off-the-job re-injury as long as it was a consequence of your first injury. An example of an off-duty injury is a slip and fall that occurs at home. If an existing work-related injury, like a broken ankle, led to the slip and fall, you can still get benefits.

Cases of new injuries that occur after old ones have healed are slightly different. You'll have to show proof that they are different from the initial injuries.

When Are New Injuries Not Covered? An employee won't receive coverage for new injuries that aren't work-related and has no relationship with pre-existing injuries.

Some Examples

Example 1 Sam had a torn shoulder bone from work, and he's still recuperating from his injuries. He slipped and fell on ice, leading to his shoulder joint pulling from its socket, while at home. A medical examination reveals that his home accident was only worse because he had a previous injury. Sam is, therefore, eligible for more coverage.

Example 2 Hannah resumed work after being on workers compensation for a broken right knee that resulted in surgery. While at work, she jumped out of the way of a falling box, landed wrongly, and broke her right ankle. The court agreed that although the re-injury was on the same leg, it wasn't in a similar location and had no correlation. She got another workers compensation benefit.

Example 3 Jamie recently received his medical examiner's report that he's fit to return to work. His injuries were from a broken backbone when he fell off a tower at work. While driving, a speeding driver runs into his vehicle, and he breaks his back again. The court determines that both injuries are independent of each other and didn't grant his workers compensation claim. He contacted a Lancaster auto accident lawyer and received compensation for personal injury from the negligent driver.

Conclusion Insurance companies try to give out as little compensation that they can. They wouldn't be pleased to pay again for new injuries. If you're a victim of a secondary injury or re-injury, contact a workers compensation lawyer lancaster pa, for proper representation.

To know more, visit: https://www.georgelislaw.com/

Original Reference: https://bit.ly/32Pzj9g

Generally, you can't receive compensation from your employer for a car accident. However, there are exceptions, and this is where the term "work-related" becomes relevant. Work-related car accidents imply that you got an injury while you were discharging your duties as an employee.

An accident that occurs when you're simply commuting to and from work may not qualify as an injury for workers’ compensation benefits. However, if you stopped on the way to pick up office supplies and an accident occurs, you can make claims. Here are some other car accident scenarios that can qualify you for workers’ compensation benefits.

● Making deliveries: If you're making deliveries for your company, whether it's part of your job description or not.

● Running errands: If your employer asks you to drop something off or do a coffee run for the office.

● Driving to another worksite: It can include commuting from one branch of the office to another or an off-site location during work hours.

● Transporting a co-worker: It may be to a meeting with a client or a trip to the airport as part of discharging your duty.

● Paid-travel time: If you travel for a work-related reason that an employer pays you for, or you're a remote employee paid for commuting to the office.

However, if you had an accident while deviating from a work duty you were to perform, you won't be eligible for benefits. Also, you may not be able to make claims for an accident that occurs during lunch hours. Although it's a workday, lunch breaks are personal hours.

You may pursue a personal injury lawsuit against the other driver to recover damages from your injuries. You'll have to reach out to a Lancaster auto accident lawyer to guide you through.

When Are Work-related Car Accidents Not Covered by Workers’ Compensation? If a minor accident occurs and you didn't sustain any injury, you can't receive workers’ compensation benefits. The reason is that you have no medical bills or lost work time to recover. Another reason is if you were under the influence of alcohol or drugs or committed a crime.

What If I Caused the Accident? Workers’ compensation law doesn't require anyone to be at fault before you can file a claim. The law allows you to make claims if you sustain an injury while working. So, even if you caused the accident, as long as you're eligible for compensation, you'll receive one.

You may also not have to pay damages to the other party whom you hurt. Most times, your employer's liability may protect you. Your employer may pay for the damages and your legal fees if a lawsuit arises. If you find yourself in this scenario, you'll need a Lancaster workers compensation attorney to help you understand your liabilities.