Future coverage for previous injury?

by Samuel
(Dallas/Ft Worth, TX)

Let's say you work for a company and get hurt. The employer does not carry workers compensation insurance, but still pays for the treatment.

If you no longer work for that company, are they still responsible for upkeep if you re-injure it in the future? What if the previous injury resurfaces on its own? Is there anything that can be done to get the original company to pay for treatment? Thanks for any information you can give.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Future coverage for previous injury?":

Samuel (Dallas/Ft Worth, TX):

If your company was required to carry workers compensation insurance, and did not, the company should still be liable for your future injuries directly related to your on-the-job injury. Unfortunately, if your company decides not to pay for future aggravation of a previous on-the-job injury, you may have to retain an attorney to pursue the claim for you.

From the facts you present, it appears you may already be suffering from an aggravation of a previous work injury. It would be advisable to discuss your situation with the employer with whom you were employed at the time. Rather than having to wonder about his or her decision to pay for your future treatment, take preemptive action and find out what your employer’s attitude toward future treatment will be, specifically for the aggravation of a previous on-the-job injury.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Pre-existing Condition Questions (WC)

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: