Receiving benefits in another state for re-injured back?

by Larry
(Houstn, Texas)

In 1989 I had a back injury to my lower L-5 lumbar area. I was awarded workmens compensation and received a settlement some time afterward in Denver, Colorado.

I recently re-injured my back while working overseas in a foreign country. Can I claim workmans compensation again for my back injury that I acquired when I slipped down some stairs on my current job? I currently reside in Texas when I am not overseas.

Visitor Question:
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ANSWER for "Receiving benefits in another state for re-injured back?":

Larry (Houston, Texas):

You have a right to file a workers compensation claim even if your new injury was an exacerbation of your first back injury. As long as your employer carried workers compensation insurance at the time you were injured you can file a claim.

If your employer does business within the State of Texas, or even if the company was incorporated in the State of Texas, they should have carried workers compensation coverage at the time of your injury. Contact their Human Resources Department and ask to be connected with the insurance department - whether within the employer's company or without.

In the event your employer didn't carry workers compensation insurance you still have a right to seek compensation for the injury to your back. In that case if your employer won't assist you with your medical problem and required treatment you may be able to file a lawsuit against them. If you do it would probably be a good idea to consult with a personal injury attorney, especially because you were injured overseas.

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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