If you suffer a re-injury after already filing or finishing a previous workers’ comp claim, you should still be entitled to receive treatment for the new damage that was done to your body as well as Income Benefits if you are not able to work.  The workers’ compensation insurer may deny the claim because of the prior injury, but you may be able to successfully appeal the denial and get the benefits that you deserve.  An experienced Texas Workers’ Compensation lawyer at Abbott and Associates, L.L.C. can help you to understand your options for recovering benefits and will fight to help you ensure you have the coverage you need to get better after your injury.

What If You Re-Injure Yourself After Filing a Workers’ Comp Claim?

In order for you to be able to receive benefits for a re-injury after filing a previous workers’ comp claim, you need to be able to show that the injury is different and separate from the initial damage that you sustained in your previous claim injury. This means your injury either must be a new injury, even if it affects the same body part, or your pre-existing injury must have been made worse as a direct result of something that happened to you at work.

It is imperative that you report the incident as soon as possible if you are involved in an accident or over-exert yourself at work in such a way that causes you to experience a re-injury. You should carefully document exactly what occurred that caused you to sustain further harm to your body so that you can show that the new injury happened as a direct result of work tasks.  If you can prove the re-injury happened out of a second and separate incident from whatever had caused you harm the first time, it should be easier for you to receive benefits for the re-injury after settling a workers’ comp claim.

You will also need make sure that your treating doctor documents everything carefully so you can prove that you have aggravated or made the injury worse, and that you are not just experiencing the same problems you had from the injury that you settled.

The more evidence you have to prove that the re-injury is affecting you in different ways and was caused by a different incident, the better your chances of successfully being able to get benefits in a new claim.

An experienced Texas workers’ compensation lawyer can help you to determine how to put together the strongest possible claim when you try to get benefits for re-injury after settling a workers’ comp claim.  If the workers’ compensation insurer denies you coverage, your attorney can also help you to try to pursue benefits through an appeal.  Call Abbott and Associates, L.L.C. today to learn more about how a lawyer can help you.

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