Case Of Reinjury
FAQs for Correction Officers In case of Reinjury.
Many of our clients, especially Correction Officers are prone to reinjury and they ask us “What happens if I reinjure a body part ? ” For their ease we have compiled here a list of such Frequently Asked Questions and their Answers.
Top 10 Common Questions and Answers Regarding Reinjuries and Workers' Compensation
Yes, you must report all prior injuries related to the same body part at the outset of the claim on the C-3 form. Failure to report prior injuries has been found as grounds for fraud in Workers’ Compensation claims. If this happens it will negatively impact your current claim. Aronova and Associates are experienced in handing reinjury claims and can assist with filing the initial forms to avoid any potential issues with fraud
No, if the current reinjury is being reported as a new accident it is very important to notify all treating providers that this is a new claim even if you had been treating with the same providers for the original injury.
This requires an individual analysis of your treatment prior to the reinjury, the scope of the original treatment, duration of treatment, and the details surrounding your return to work. Aronova and Associates are skilled in providing the best legal insight possible to your claim and determining whether it is a new accident or an exacerbation.
No, you are entitled to file as a new accident regardless of what your employer tells you. Your employer does not represent your interest in filing a claim, they have limited insight into the matter with a conflicting interest in limiting their exposure to the effects of a new accident being filed.
Yes. However, there cannot be payments under two cases, simultaneously. Aronova and Associates will ask for the payments on the case that is most beneficial for you.
Yes, there can be an issue of apportionment which divides the overall liability of the lump sum award between multiple cases involving the same body part. This often involves a detailed analysis and argument based on the facts of the claims and established case law surrounding the issue. Aronova and Associates have successfully litigated and won claims in which the employer and/or carrier have attempted to establish apportionment on cases that, ultimately due to our advocacy, have been found not to have any apportionment apply.
Yes, reinjury of the same body may delay the resolution of any lump sum schedule loss of use award because the same body part has been reinjured. Aronova and Associates can advise you on the specific details of your claim and whether or not that will be the case.
No, there is no limit, the same analysis on whether or not it is a new injury will apply regardless of how many times in the past the same body part has been injured.
In those situations, we strongly recommend that you obtain an attorney to represent your interests and make sure the doctors are properly documenting your reinjury as a new accident.
No, Aronova and Associates can help you with contacting the Workers’ Compensation Board to obtain the details surrounding your prior injury.