Re-aggrivating Previous Injury
After an injury, the body sometimes doesn’t heal completely. Instead, a person still remains vulnerable to re-aggravating a previous injury. Think of someone who has surgery to treat a herniated disc. After another accident, the same disc is reinjured and the pain is made much worse.
Injured workers sometimes face hurdles trying to get compensation for the aggravation of preexisting injuries. An insurer will claim that much of the pain a worker feels really stems from the initial injury, and the amount of compensation a worker can receive will be reduced. Speak to an experienced Fort Wayne attorney today if you have questions about how to make a legal claim, including one for workers’ compensation.
How Does a Pre-existing Injury Affect a Claim for Compensation?
This question requires looking at many different factors. A primary consideration is whether the pre-existing injury is really related to your current injury. For example, you might be suffering a back injury but before you suffered an ACL tear in your knee. These seem to be unrelated injuries, so the pre-existing injury will not affect your claim.
However, if you aggravated a pre-existing injury, then your claim could be reduced. At a minimum, you need to prove how much of your current pain and disability are caused by this current accident and not a prior accident that injured you. This can be tricky.
How Do You Build a Case for Compensation?
We will also try to establish how much of your current injury is caused by the most recent incident. In addition to medical records, we can rely on witness testimony, including your own testimony. An insurer must give you fair consideration for your claim, and we will ensure that happens.
Must a Worker Disclose a Pre-Existing Injury?
Yes. And if you don’t, you can be sure that the insurance company will find out about it. Failing to disclose this type of information can work against you. However, you should meet with a lawyer to determine what information to reveal.
How Can a Worker Help His or Her Case?
When you meet with a doctor, be as specific as possible about what you are feeling. If you suffered a previous injury, make sure the doctor understands how the pain you are currently feeling is different from the pain you felt then. Repeat this information each time you meet with a doctor.
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Speak with Our Fort Wayne Attorneys Today
Cases involving aggravations of pre-existing injuries present unique challenges to obtaining full and fair compensation. Insurers often play hardball and put their team of employees to work scouring your medical history to find a pre-existing injury. They then deny a legitimate claim for compensation.
If you have reinjured yourself, please contact Delventhal Law Office today. We can meet for a free consultation.
AREAS WE PRACTICE
At the Delventhal Law office, our Fort Wayne personal injury attorneys are committed to fighting for the rights and interests of accident victims. If you or a family member was injured because of the carelessness or recklessness of another party, we can help. Our Indiana personal injury lawyers handle a wide array of legal cases, including:
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