If a pallet falls off a truck at work and lands on your foot causing an injury, it’s very easy to prove that your injury was a direct result of your work duties. However, having been in this industry for a long time now, we can say with certainty that rarely are cases of workers’ compensation this cut and dry. There are a number of ways a workers’ compensation case can become more complex, and the aspect we’re going to focus on today is when a new injury you develop can be traced back to an old job. Are you still entitled to compensation, and how can you go about getting this compensation? We answer those questions and more in today’s blog.
New Injuries Caused By Old Job
A number of chronic conditions or new illnesses can be traced back to a person’s old job. For example, if you have newly-onset carpal tunnel syndrome in your wrist and you performed fine motor tasks at your desk job for three decades, or you have recently been diagnosed with cancer or another illness and it was likely that chemical exposure on the job led to the condition, you are absolutely entitled to compensation.
The difficulty with these types of cases stems from your ability to prove a connection between your work duties and the onset of your health condition. Your former employer’s insurance company will likely say that you can’t directly prove that work duties or chemical exposure clearly and obviously led to your condition, and sometimes they may have a legitimate argument. However, you can still try to prove a link and collect compensation. Here’s how you’ll want to proceed.
First, you’ll want to connect with a workers’ compensation lawyer. As we’ve talked about above, it’s going to be extremely rare for an insurance company to take your claims at face value, especially if you’re no longer employed by the company. Odds are they’ll deny your claim, and you’ll need to fight back against this denial. A lawyer will know the best ways to challenge a denial and make a strong argument connecting your health condition and your previous work duties.
One thing they’ll rely on heavily is a medical assessment from your treating physician. If you’re dealing with a new injury, it’s absolutely imperative that you seek out a medical consultation from a specialist. Let them know that you believe it may be linked to previous work duties and you’re wondering if you’re eligible for workers’ compensation, and they can complete what’s known as an independent medical exam. This will ensure your injuries are documented, and a medical professional can offer their expert opinion on the likely onset of your condition. If they believe there is likely a strong connection between your injuries and your previous work duties, their word will go a long way in helping you secure an award.
Finally, it’s very important that you are very detailed when communicating with your lawyer and your doctor about the tasks you performed at work that could be linked to your new health condition. Repetitive actions could be linked to arthritis and joint deterioration, while chemical exposure could be linked to a number of different cancers and lung conditions. Even if you’re unsure if a connection exists, share your concerns with your lawyers.
Injury compensation lawyers work on a contingency basis, meaning they only get paid in the event they secure you an award. If they don’t feel like there is a strong enough connection between your new injuries and your old job, they’ll politely tell you that they won’t be accepting your case. But if they believe there is a path to an award, they’ll fight tooth and nail to get you every penny you deserve.
For more information about whether or not you’re eligible to pursue compensation now that a new injury has developed that you believe is linked to an old job, reach out to the team at Hey Workers today at (844) 439-9675.
