What If I Re-Injure an Old Injury at Work?
Suffering an injury while on the job can be stressful. The situation can become even more complicated if your case involves a pre-existing injury. If you have re-injured a part of your body that was previously hurt in a work-related incident or outside of work, you may be wondering if you can still recover workers’ compensation benefits. In Vermont, you can receive workers’ compensation benefits if you re-injure an old injury at work, whether the old injury was suffered on the job or outside of work. However, such claims can be complex. These claims often face extra scrutiny from insurance companies. If you re-injure an old injury at work, you should retain an experienced workers’ compensation attorney.
Vermont Workers’ Compensation Law Covers Aggravation of Pre-Existing Injuries
If your work duties aggravate or worsen a pre-existing injury in Vermont, you may be entitled to workers’ compensation benefits. This is true even if you did not sustain the old injury at work. For instance, suppose you suffered a neck injury years ago in a car accident because of another driver’s negligence, and your condition stabilized over the years. If your current work duties cause you to start experiencing neck pain again or worsen the pain, that aggravation may qualify for compensation, provided that you can prove your work is to blame for the aggravation.
Aggravation vs. Recurrence
It’s vital to understand the difference between aggravation and recurrence under Vermont law, as this distinction can impact your eligibility for benefits. While an aggravation happens when your current work duties worsen a pre-existing condition, regardless of whether the condition was originally caused by work or not, a recurrence is when symptoms from an existing condition return after a period of remission without any new work-related trauma or contributing activity and without any actual worsening of the underlying condition. The employer is typically not responsible for treatment or benefits in such cases.
If you re-injure an old injury at work, the insurance company may argue that your condition is a recurrence to avoid paying out a new claim. That is why having a skilled workers’ compensation attorney is crucial. An attorney can help you gather the evidence you need to prove that your current job duties aggravated your prior injury. This may include medical records and expert testimony. The right attorney can help you build a strong case and increase your chances of recovering the compensation you deserve.
Steps To Take After Re-Injuring an Old Injury at Work
If you re-injure an old injury at work, the following are the steps to take to protect your legal rights;
Report Your Injury Promptly
Under Vermont law, you must notify your employer of a work-related injury or re-injury immediately or as soon as possible.
Seek Prompt Medical Attention
Seek medical treatment right away to document your condition and establish a clear link between your re-injury and your job duties.
Gather Evidence
Collect medical records, witness statements, accident reports, and any other relevant documentation to strengthen your claim and prove that your job duties worsened your pre-existing injury.
Consult a Workers’ Compensation Attorney
Cases involving pre-existing conditions can be complex. A skilled workers’ compensation attorney can help you navigate the complex legal process and fight for the benefits you deserve.
Contact a Vermont Workers’ Compensation Attorney
If you have re-injured an old injury at work, an experienced Vermont workers’ compensation attorney at Sluka Law Firm can help. Contact us today to schedule a consultation and discuss your case.
Source:
vtmd.org/understanding-workers-compensation-part-ii-vermonts-workers-compensation-statutes-rules-and-legal-precedents#:~:text=However%2C%20if%20employment%20merely%20provokes%20symptoms%20but%20does%20not,employment%2C%20treatment%20is%20not%20the%20responsibility%20of%20the%20employer.
