Visitor Question

Workers Compensation Back Injury

Submitted By: Christine (Bensalem, PA)

My friend fell at work a few years ago, went out on workers comp for a few weeks, after a few injections went back to work full duty and the case was closed. A few days ago he fell again on ice and his back hurts in the same exact spot it hurt before but a lot worse.

Would this be a new workers comp case and could they refuse this saying it is a pre-existing condition?

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 Christine,

Yes, this would be a new Workers Compensation claim because the previous case was closed and happened many years ago. The fact that your friend has a pre-existing condition will come up in his/her medical history for sure.

Your friend MUST be honest about all previous injuries. But, this should not be held against him. Through modern technology, doctors can actually tell what injuries are attributed to OLD accidents and what are attributed to new because of the way the images look in MRI’s and X-rays for example. So, while it will not be used against him per se, it will definitely come up.

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: February 3, 2011

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