What Is a Consequential Injury, and Are They Compensable?


What Is a Consequential Injury, and Are They Compensable?

If you get injured again after a workplace injury, you may wonder if you can receive workers’ compensation for the second injury. In Minnesota, some types of second injuries are called consequential injuries, and you can receive workers’ comp benefits for them.

What Is a Consequential Injury?

A consequential injury is a new injury that you suffer that directly results from the original work-related injury. Usually, you will have an easier time getting benefits for the original work-related injury. You will have a harder time getting benefits for the consequential injury. In Minnesota, you need to show that your consequential injury arises from a permanently weakened condition that was initially caused by a workplace injury. In other words, without suffering the workplace injury you would not have suffered the new injury.

Some examples of consequential injuries include:

  • Infection after surgery for your workplace injury
  • Injuries from doing physical therapy
  • Overuse injuries to the opposite arm or leg, when an injury causes you to use the other limb more
  • Arthritis due to a long-term injury
  • Spinal degeneration due to a herniated disc
  • Injuries from using a wheelchair or crutches
  • Re-injuring the same body part, such as falling because your leg is broken

When you make an injury worse or get injured again, you can get benefits if your injury results from normal and reasonable activities. This may include visiting the doctor’s office, returning to work, or just going about your everyday life. You do not have to be at work when you get injured a second time to receive benefits.

How Do You Get Benefits for a Consequential Injury?

To receive benefits, you must report your second injury to your employer – just like you did the first injury. Your employer may be skeptical that your injury is related to your original workplace injury, especially if it happened on personal time. If you have a lawyer, you can talk to your lawyer about how to make a claim. You might have to go to court for a hearing to determine if your second injury is consequential. Reach out to a lawyer’s office for a consultation if you do not have a lawyer yet.

Need help getting workers’ compensation for your consequential injury? 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.