hypothetical ?

[FunPops]

let's say your work in jury is causing pain elsewhere in your body or you were to injure yourself because of the original injry? make sense? would that be covered?

say ben has a bad knee.....falls down stairs because of bad knee. Now ben has a bad back...

[kate]

Well, in FL, the bad back would be covered because the original injury caused the new injury. Would need a medical opinion stating that the knee caused the fall though. An IC can still try to fight it but "technically" it's covered

[FunPops]

thanks kate .....im in illinois

[nursedina]

According to my lawyer he says yes. I have had a few other problems related to my back surgery.

[backpainfla]

yes in fla i know for sure ! but it seems to me that evry state is making up the rules as they go! lol

[jayne]

they do change the rules quite a bit depending on who has the most money to buy the lawmaker....and we all know it isnt the injured worker...we are to busy trying to keep our home and food on the table

[backpainfla]

amen to that jayne!!! if we leave it up to them though we will have govt officials on the deeds to our houses!!!!lol

[kate]

FunPops Wrote:thanks kate .....im in illinois

I believe Illinois is the same.

In a case where an employee injured his right ankle at work, the doctor advised him to use crutches. Nine days after the accident he returned to see his doctor. On the way home from this visit, when he stopped to use the bathroom in a shopping mall, his crutches slid out from under him. He fell, and injured his right elbow.

The Illinois Appellate Court found that “but for the first injury the employee would not have been using crutches and the subsequent accident was a natural consequence flowing from the original fall.” The Court held that “where the work injury itself causes a subsequent injury, the claim of causation is not broken.”

Proving that a second accident, which happens away from the workplace is due to an earlier work injury is difficult but it can be done.

[chrischris]

To CYA though, submit a new claim and write on it that this is a "compensable consequence" to first or original injury. The more medical evidence to confirm your claim the better. Include your doctor's report with the compensable claim.