Suffering another injury after you’ve just come back to work from a previous injury is a frustrating situation. Our workers’ compensation lawyers can help you through this situation and make sure you receive the benefits you’re entitled to.
At Laborde Earles, our team of Lafayette workers’ compensation lawyers can help you understand what happens if you’re reinjured after returning to work. Read on to learn the steps you need to take after you’ve been reinjured.
What is Considered a Reinjury?
For a worker in Louisiana to qualify as having suffered a reinjury after returning to work from an initial injury, the exacerbated or new medical issue must be causally connected to the original workplace accident.
Louisiana law defines reinjury or aggravation as a worsened condition of the initial injury or an entirely new injury to another part of the body directly resulting from the worker’s attempted return to their usual and customary duties.
Some examples that could be considered a compensable reinjury in Louisiana include:
- A worsening of symptoms in the original body part due to performing the essential job functions before the previous injury fully healed.
- The development of a new injury to another part of the body linked to indemnified physical limitations from the prior accident.
- An identifiable workplace incident that precipitated an acute deterioration or new manifestation of the initial injury.
It’s important for Louisiana workers seeking benefits for a reinjury to obtain supporting medical evidence and opinions linking the new condition to the original job-related injury. Consulting with a Lafayette workers’ compensation lawyer from our firm can help you understand and prove your reinjury claim.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientCan You Lose Workers’ Comp Benefits for a Reinjury?
As a worker in Louisiana, you can lose your entitlement to workers’ compensation benefits if a reinjury occurs under certain circumstances. If the employer believes the worker violated a doctor’s restrictions or engaged in willful misconduct that directly resulted in the reinjury, your workers’ compensation claim may be denied.
The employer would need to show clear evidence that the worker knowingly acted outside of their prescribed limitations in a way that caused the setback. Merely reinjuring while fulfilling normal job duties is not grounds for lost benefits on its own. It would require proof of an identifiable infraction on the worker’s part.
If benefits are discontinued due to an employer-initiated claim denial, you may request a mediation conference to dispute the termination. You could argue that no true infraction occurred or that the infraction was not the primary cause of the reinjury. Representation by a Lafayette workers’ compensation attorney during this process can help to assert your rights under the law.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWhat Should You Do After You’re Reinjured After Returning to Work?
If you suffer a reinjury on the job after returning from a previous work-related injury, it is important to take the proper actions to protect your rights and benefits under the law. Here are the key steps you should take after experiencing a reinjury:
Notify Your Employer
The first thing to do after experiencing a reinjury at work is to promptly notify your employer verbally or in writing. It is important to generate a record of the incident and ensure your company is aware of your new injury.
Seek Medical Attention
It is also important to seek medical attention right away for any reinjury. The doctor can properly examine and diagnose your condition, and the medical records will be necessary documentation for the workers’ comp claim.
You should seek medical attention, especially if your reinjury involves internal injuries such as internal bleeding that may not be externally apparent. Internal injuries can be just as serious as external injuries, but the symptoms may not manifest for some time. Without prompt medical examination, any internal damage could wrongly be assumed to be minor or unrelated to your work.
Consult a Workers’ Comp Lawyer
Speaking to a lawyer is highly recommended, especially for challenging reinjury claims. Knowing when to get a workers’ compensation lawyer can make a big difference in the outcome of your case. We can review the specifics of the case and obligations under the law and guide claims, benefits, and next steps.
File a Claim for the Reinjury
To pursue benefits, you will need to officially file a new claim for the reinjury by notifying your employer and their insurance provider. A Lafayette workers’ compensation lawyer can assist with filing and navigating the claims process.
Gather Evidence
It is important to collect evidence that supports your reinjury claim, such as witness statements, medical records, and documentation of job duties. Our worker’s compensation lawyer can help ensure all relevant evidence is properly obtained and submitted.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow a Lawyer Can Help Prove the Reinjury is Related to the Original Injury
Establishing the causal relationship between an initial workplace accident and a subsequent reinjury is essential for obtaining compensation for lost wages, medical care, and other benefits under Louisiana workers’ compensation law. Proving this relationship can involve gathering and assessing various types of evidence. A skilled Lafayette workers’ compensation attorney at Laborde Earles can assist by:
- Obtaining detailed medical records and reports from all treating physicians that document the worker’s history and progression of injuries over time.
- Arranging independent medical examinations by specialists in relevant fields of practice to support professional opinions, tying the onset of new symptoms to the past injury.
- Identifying witnesses, incident reports, or other documentation corroborating how job duties upon return may have contributed to reinjuring the affected body part.
- Reviewing your job description and duties performed before and after the initial injury to analyze physical demands.
- Highlighting prior disability periods and limitations associated solely with the initial injury versus external factors.
- Guiding the submission of all evidence and medical opinions to regulators to strengthen the completeness of the causal relationship argument.
With over 250 years of combined experience in evaluating such cases, our attorney can help properly develop and present compelling proof of how one injury led to the subsequent manifestation of reinjury.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientLearn More About What Happens If You’re Reinjured After Returning to Work
After you’ve been reinjured when you’ve returned to work in Louisiana, there are several laws you have to know about to obtain the compensation you need. Our Lafayette workers’ compensation attorneys at Laborde Earles are ready to help you recover compensation.
Contact us today to learn more about what happens after you’re reinjured after returning to work.
