Hard to Find Workmans Compensation Attorney to Take My Case...

by Anonymous

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.

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 "Hard to Find Workmans Compensation Attorney to Take My Case...":

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 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

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