Visitor Question

If I reaggravate a back injury at a new job, am I still covered?

Submitted By: William (Baltimore, MD)

I was injured at my job at the beginning of the month (lumbar sprain). I decided to go to work for another company after being released for full duty. Upon starting at the new company (middle of the month) my back went out again. I also have a sciatica problem.

Do I still claim this on the old workmans comp claim, since it came from a previous injury? Or should I file a new claim with my new employer?

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 William,

It would be best to file a claim with both insurance companies. Because it will be difficult to know whether your latest injury is just an exacerbation of your first injury or a new and separate one, filing with both insurance companies would be prudent.

When you see a doctor she may be able to determine whether the injury is an exacerbation of the initial injury or a new one. At that point the insurance companies will decide whether to continue providing benefits or not.

What may complicate both decisions is your apparent sciatica problem. If the sciatica is independent from both injuries the insurance companies may decide not to cover you. Or if they do, their coverage may be limited.

Before filing any claims proceed to your local hospital emergency room or see your own physician. Any insurance claim should be secondary to insuring your health is not in jeopardy.

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: November 26, 2012

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