Visitor Question

Hard to Find Workmans Compensation Attorney to Take My Case…

Submitted By: Anonymous (USA)

I was injured in the past on my job and settled with workers compensation. I recently had another injury (a slip and fall) and am out of work once more. I talked with one lawyer about my case, but they did not call back.

Do you think the lawyer could be hesitant to take the case due to my previous injury? If so, what can I do? Thanks.

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 Anonymous,

Quite honestly your interpretation of the attorney’s decision is probably correct. Once an injury occurs and is treated, a secondary injury, no matter how unique and entirely separate is often referred to as a “Pre-Existing Injury”. Proving the second injury is separate and unique is a most difficult enterprise.

When the new injury is very serious and the liability is clear, going up against an insurance company may be well worth the effort. But when the new injury is not so serious, the investigations, additional medical examinations, and other costs related to the proof of the existence of the new injury often become cost prohibitive, and when weighed against the possible financial award most attorneys decide not to pursue the case.

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: May 4, 2011

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