Workers compensation law covers injuries that occur during the course and scope of your employment. Consequential injuries related to the initial covered injury are also covered by workers compensation insurance. However, many people do not understand what consequential injuries are and how they file a claim to include these types of injuries. Here are a few frequently asked questions about consequential injuries and the answers.
What Are Consequential Injuries?
A consequential injury is a new injury that would not have occurred if not for your original workers compensation injury. For example, if you have to use a cane because of a back or foot injury, you can strain your shoulder when doing so. This would be a consequential injury. Or, if you take pain medication for your injury and suffer an adverse reaction that needs medical treatment, this is a consequential injury. Or perhaps you were involved in a car accident on your way to a doctor's appointment for treatment for your workers compensation injury. Once again, this is a consequential injury. If not for the original workers compensation injury, you would not have been doing the action that caused a different injury.
Why Are Consequential Injuries Covered By Workers Compensation?
Consequential injuries are covered by workers compensation because they tie back to the original injury. If the original injury had not occurred, you would not have sustained the new injury. As such, the courts have determined that workers compensation insurance should be liable for all of the treatment needed, as well as any lost wages and permanent injuries that occur as a result of the new injuries.
How Do You Add a Consequential Injury to Your Initial Claim?
Adding a consequential injury to your initial claim can be challenging. In many cases, you will need to amend your claim form to include the consequential injury. You will also need a report from the doctor that details what your new injuries are, what treatment is for the new injuries and how or why the new injuries tie back into your existing injuries.
Adding a consequential injury to your original workers compensation claim is not always easy. Many workers compensation insurance companies will try to deny the claim and argue that it was not a part of your workplace injury. If you have suffered a consequential injury, contact a workers compensation attorney. They can help you add the new injury and fight the insurance company to get you the compensation you deserve for the new injury.