If you are an eligible employee, your workers’ compensation rights include the ability to request a financial settlement while you heal from your injuries. You may also have the right to continued benefits if you attempt to return to work and you get reinjured. Compensation you could receive includes payment of your related medical bills and supplemental wage payments based on the severity of your injury and how it impacts your functional levels.
At Dan Pruitt Injury Law Firm, we tirelessly advocate for those in the teaching, manufacturing, medical, shipping, retail, and other industries. We understand how much you put on the line in service of the company you work for, and you deserve to receive full and fair compensation when you get hurt on the job. Our team can help you demand what you are owed under the law so you can access the resources you need to get back on track.
What Happens if You Are Reinjured After Returning to Work?
You and your treating physician will develop a return to work plan so you can start to re-engage with your old position. As you make this transition, you may wonder what your options are if you get hurt again in a different way or if something aggravates the existing injury. You may submit a new workers’ compensation claim or supplement the existing one if you get hurt a second time.
In either event, you would need to notify your employer of the accident.
Eligibility for Workers’ Compensation After a Reinjury
You may have concerns about the impact of getting reinjured on your workers’ comp case. If you are hurt while on leave, South Carolina law may still allow you to qualify for continued benefits. Depending on the status of your case at that time, you may be able to adjust your current compensation package or file a new one to reflect the changed circumstances.
To be eligible for a job injury package if you hurt yourself a second time, you would need to prove that you are a qualifying employee and that your condition is work-related. For example, you may have to establish that you were acting within the scope of your job at the time and were not rough-housing or intoxicated.
Understanding the Impact of Pre-Existing Injuries on Your Workers’ Compensation Claim
When you file for job injury benefits, your employers’ workers’ compensation insurance provider will review your claim to determine your eligibility under the current policy. As part of this, the insurer may request information about the context in which the accident happened and how it has impacted your ability to function going forward.
They may have you see a specialist doctor who will evaluate your condition, determine the cause of injury, and how it impacts your ability to work. As part of this evaluation, the physician may review your medical history, including what prior conditions you have. You can still claim workers’ comp benefits if you have a previous injury; however, the insurance provider may try to prove that your condition was already there and is not sufficiently related to the accident. You or your workers’ compensation lawyer can show that your job environment caused or contributed to the limitations you are currently experiencing.
Does Workers’ Compensation Cover Aggravation of Previous Injuries?
Yes, your employer’s workers’ compensation insurance policy may cover the aggravation of previous injuries. To qualify for benefits, you need to establish that you were a covered employee — e.g., a regular, non-seasonal worker — and were doing work for your employer at the time you got hurt. Additionally, you would need to show that South Carolina law requires your employer to carry workers’ comp insurance. The insurance company may pay for medical expenses to get you to the level you were at right before the current injury rather than paying to get you back to how you were before both accidents happened.
How Reinjuries Affect Medical Benefits and Wage Compensation
Reinjuring yourself at work may impact how much you receive in compensation and for how long. Getting another injury may qualify you for additional benefits if your condition changes the disability rating you receive at that time. A higher or worse rating may mean you receive more benefits than before. You, your lawyer, your employer, your employer’s insurer, and their attorney will negotiate to determine the appropriate settlement package under the circumstances.
That said, your employer’s insurance provider may resist paying out more than what they feel is necessary. As part of this, they might determine your current pre-injury functional levels and agree to provide medical care and wage loss benefits until you reach the levels you were at when this accident occurred.
Legal Protections for Workers Reinjured on the Job
Workers who get reinjured while at work or after returning to their jobs after employment-related accidents may be entitled to benefits. The employees have the right to request compensation, go through the claims process, and appeal a denial, as the case may be. Additionally, employers cannot retaliate against workers for exercising their right to request these payouts or serve as a witness in someone else’s compensation case. For example, the employer cannot fire, demote, or dock the pay of someone who files a claim with the Workers’ Compensation Commission.
Reporting a Reinjury
Workers need to promptly tell their employer about a reinjury or job-related accident. They should provide written notice as soon as they become aware that they are hurt. Ideally, the person would submit this shortly after the injury occurs; however, they may have up to 90 days to do so unless an exception applies. The next step is to file paperwork with the Workers’ Compensation Commission to describe what occurred and formally request job injury benefits.
Contact Dan Pruitt Injury Law Firm for Help Filing a Workers’ Comp Claim After a Reinjury
If you sustain a second injury after returning to your job, you have continued workers’ compensation rights to receive benefits. You may be entitled to payment of your job-accident medical costs and wage loss payments based on your disability level.
Dan Pruitt Injury Law Firm is here to help you navigate requesting workers’ compensation after you get a second injury or aggravate a preexisting one. Dan Pruitt has stood by injured workers in South Carolina since 1993, providing them with timely support and advocacy at critical points in their lives. Reach out to us today by calling (864) 721-6885 to schedule a consultation to discuss your situation.