Visitor Question

Future coverage for previous injury?

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Samuel,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 19, 2013

How Much is Your Injury Claim Worth?

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

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
array(1) {
  [0]=>
  object(WP_Term)#1607 (11) {
    ["term_id"]=>
    int(715)
    ["name"]=>
    string(75) "How to Handle Pre-existing Conditions in Workers’ Compensation Claims"
    ["slug"]=>
    string(11) "page_id_376"
    ["term_group"]=>
    int(0)
    ["term_taxonomy_id"]=>
    int(715)
    ["taxonomy"]=>
    string(12) "icc_qa_group"
    ["description"]=>
    string(0) ""
    ["parent"]=>
    int(0)
    ["count"]=>
    int(39)
    ["filter"]=>
    string(3) "raw"
    ["term_order"]=>
    string(3) "213"
  }
}

Leave a Reply

Your email address will not be published. Required fields are marked *