Back injuries are among the most common injuries sustained by working adults in the United States. If you suffered a back injury at work and have had a previous back injury, you may have concerns that your previous injury will affect any workers’ compensation claim that you file. While a previous back injury should not stop you from obtaining benefits, it may make it more complicated. For this reason, if you find yourself in this situation, you should be sure to retain an attorney to represent you.
What Kinds of Back Injuries Entitle Workers to Benefits?
There are a wide variety of work-related back injuries that could entitle workers to compensation benefits. These include the following:
- Strains
- Sprains
- Spinal cord injuries
- Herniated discs
- Degenerative disc disease
- Spondylolisthesis
- Spinal fractures
Workers’ Compensation Insurers Look for Reasons to Deny to Reduce Benefits
While Connecticut’s workers’ compensation program exists to make sure that injured workers are able to cover their medical expenses and are not without income, that fact does not mean that insurance companies are not trying to make money. It is important to remember that insurance companies are for-profit companies and make money by collecting more in premiums than they pay out in benefits. They are trying to find a way to pay as little as possible on each claim they process, and a person who has sustained a previous injury in the past provides an easy opportunity to claim that a new injury is a “pre-existing condition” and not covered.
Fortunately, with sufficient documentation, an experienced attorney can establish that your new injury is distinct from your previous injury, ensuring that you obtain the benefits to which the law entitles you.
Previous Injuries Might Result in a Reduction of Benefits
Under certain conditions, a previous injury may result in a reduction of workers’ compensation benefits. This is because your employer’s workers’ compensation policy is only required to cover the worsening of your condition that occurred because of the work-related injury – not the entire condition itself. In addition, if you are seeking permanent disability benefits, the insurance company will almost certainly try and obtain evidence that indicates that your disability is due to your pre-existing injury and not the workplace accident in which you were recently involved. In addition, if you received permanent disability benefits in the past for an injury to the same body part, any permanent disability benefits you received may be reduced by the amount you received for the first injury.
Call Leighton, Katz & Drapeau Today to Schedule a Free Case Evaluation with a Connecticut Workers’ Compensation Attorney
If you've hurt you back at work and have a previous injury that may complicate your claim, it's important for you to retain an attorney immediately. A workers' compensation lawyer in Connecticut can take steps to ensure your claim is filed correctly from the outset and minimize the chances that the insurance company tries to reduce your benefits due to an unrelated injury. Should you not obtain the benefits to which you are entitled, your lawyer can pursue an appeal.
At Leighton, Katz & Drapeau, we serve the entire state of Connecticut. To schedule a free case evaluation with one of our lawyers, contact us online or call our office at 860-875-7000.
