Will Workers’ Compensation Cover Consequential Injuries While Receiving Benefits?
Many workers are confused about whether or not their employer’s insurance company will provide workers’ compensation if they develop new injuries while receiving the benefits.
If you develop an injury in another part of your body – not the one that was hurt in the workplace accident – while collecting workers’ compensation benefits, the insurance company may refuse to cover the expenses associated with your consequential injuries.
That is why it is critical to contact a Tampa workers’ compensation attorney to help you figure out whether or not your new injuries are compensable under Florida law.
Are Consequential Injuries Compensable Under Florida Workers’ Compensation Law?
Consequential injuries are any injuries that you develop after the initial injury while receiving workers’ compensation benefits. These new injuries are also known as “subsequent injuries.”
Regardless of how you call them, consequential injuries are compensable under Florida law as long as they are the direct result of the initial injury you are receiving workers’ compensation benefits for.
It is not uncommon for injured workers to develop pain or consequential injuries in one part of their body due to injury in another body part. The most common example is a worker who has to walk with a cane because their right leg was injured, developing pain in the left leg due to increased stress placed on that leg during recovery.
Will the Workers’ Comp Insurance Company Cover My Consequential Injuries?
Unfortunately, seeking compensation for any consequential injuries that you develop while recovering and receiving workers’ compensation benefits can be complicated.
As a rule of thumb, insurance companies try to pay injured persons as little as possible. Insurers are for-profit organizations whose profits depend on denying coverage and undervaluing claims.
As you may have guessed, your employer’s insurance company is likely to refuse to cover your consequential injuries if your initial claim has been approved and you are currently receiving workers’ comp benefits.
However, a skilled lawyer on your side can help you build a strong case and convince the insurance company to provide coverage for your new injury.
Why You Need a Tampa Workers’ Compensation Attorney
You need an experienced workers’ compensation lawyer to help you prove that your new injury is the direct result of your initial injury. Your attorney will help you gather evidence, including medical records and testimonies from your doctors, to prove that the subsequent injury is related to your original compensable injury.
It is advisable to consult with a knowledgeable lawyer to review your particular case and determine your best course of action to seek compensation for your consequential injuries while collecting workers’ compensation benefits.
In order to obtain benefits on your behalf, your attorney will need to prove that your consequential injury directly resulted from the original work-related injury.
You may also be entitled to obtain additional compensation for the aggravation of your initial injury. Speak with our workers’ compensation attorney at Kobal Law to discuss your unique situation. Call 813-873-2440 for a case review.