Old Injury, New Workers’ Compensation Case?
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Old Injury, New Workers’ Compensation Case?

If you have an old injury and never received workers’ compensation benefits, or if you are seeking benefits for a more recent injury, you may have questions. For example, you may wonder if you can even get benefits for an older injury. Or you might be concerned that your new injury will aggravate your old one.

When your injury happened a long time ago at work, but you never sought benefits, you may still have options. Depending on how long ago you were injured and the reasons you did not seek benefits back then, it is possible that you still could recover for your injury.

Usually you need to report a workplace injury very soon after it happens. But in some cases, people do not learn that they are injured until much later, or they do not know that they are eligible to receive benefits. If you are in this situation, consider talking to a workers’ compensation lawyer to see if you have a case. Even if you no longer work for the same employer as you did when you were injured, you may be able to recover some money to pay for medical care.

If you are seeking workers’ compensation benefits for a newer injury, you may be worried about how your old injury will affect your case. Rest assured that many people have prior injuries and are able to receive benefits for their most recent injury.

However, some people face difficulties when they initially report their injury. The insurance company may find out about the prior injury and claim that there is no new injury or that you aggravated an old injury outside the workplace. You may need to find a lawyer, who can help you show that you do have a new injury and it happened at work.
Also, the doctors do take your previous injury into account (especially if to the same body part) when examining you and determining how impaired you are. They will look at your previous medical records to see the effects of the old injury. They also will ask you questions about the old injury to determine how it affected your body before you got the new injury. Be prepared for everyone to ask about your old injury as you go through the workers’ compensation process to receive benefits for a new workplace injury.

Need help getting workers’ compensation for a recent work-related injury and also have older injuries? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.