Suffering an injury on the job. But what if you were injured off the job and an accident at work exacerbated that injury? Can you receive workers’ compensation benefits? Call Silverman, McDonald & Friedman to schedule an appointment about your case in Wilmington, Seaford and New Castle.
A workers’ compensation claim can be complicated when you have a pre-existing condition or prior injury and are then involved in an accident at work that leads to an injury to the same area of your body. You could see a decrease in the benefits paid to you if this is the case. If the pre-existing injury is already related to the workers’ compensation claim you file, your benefits could be impacted. Let’s examine if you can receive workers’ compensation benefits for an injury that you exacerbate on the job in today’s post.
Is the pre-existing condition related to a prior claim?
Is the pre-existing condition you suffer from related to a prior claim of workers’ compensation? If so, and you were injured on the job again, you can file a claim for benefits. Just know that if the claim is approved, it will be approved at a lower rate than you might expect. The benefits will be less than the prior claim to account for already being paid benefits for the pre-existing condition. At the same time, your employer will still be required to pay for any and all medical bills related to this injury. If you cannot work, your employer is required to pay temporary disability benefits while you are out of work.
Is the pre-existing condition not related to a prior claim?
Did you suffer an injury outside of work? For example, maybe you were injured in a car accident that left you with back issues. You then file a claim at work for the exacerbation of that injury because you lift boxes on a daily basis. You will likely receive workers’ compensation benefits for your claim, but because it is related to a pre-existing injury, the benefits may be less than if there was no pre-existing injury present.
Seek medical care fast to preserve your benefits options
If you have been injured at work and it aggravated your pre-existing injury, you need to seek medical care immediately. Try to go to a doctor that has treated you for your pre-existing condition or have your medical records transferred to the doctor treating you now. You will likely have to visit multiple doctors when a situation like this arises: the doctor treating your pre-existing condition and the doctor you are sent to by your employer for your workers’ compensation claim.
Did you suffer an injury outside of work that has been exacerbated by an accident on the job? Make sure to schedule a medical evaluation immediately following a workplace accident. Then call the Delaware workers’ compensation attorneys of Silverman, McDonald & Friedman at 302-314-5553 or fill out the contact form found on the website to schedule a consultation. We provide legal representation to clients throughout the state, including Seaford, Wilmington and New Castle.