Re-injured on the Job?
Re-injured on the Job?
What is a Reinjury?
A reinjury occurs when an employee sustains a new injury or exacerbates an existing injury after
returning to work. This can happen for various reasons, such as inadequate recovery time, a
return to demanding physical tasks, or a new separate and distinct accident can occur. In New
York, it’s essential to know that you are still eligible for worker’s compensation benefits if you
experience a reinjury.
Your Rights as an Injured Worker
If you experience a reinjury, you have specific rights under New York law:
You are entitled to receive medical treatment for your reinjury, provided it is related to the corresponding workplace accident.
If your reinjury prevents you from working, you may be eligible for wage-loss benefits.
If you need additional therapy or rehabilitation, worker’s compensation can cover these costs.
If your reinjury causes you to have a greater loss of use of an extremity than you were previously compensated for, you may be entitled to a monetary award.
If you suffer a reinjury, it is very important to disclose your prior injury to all parties. This includes noting it on page two (2) the Employee Claim Form (C-3.0), advising your treating providers, and notifying the carrier’s consultant (IME). Failure to report prior injuries you suffered to overlapping body parts will result in the defense attorney raising fraud.
How Does My Subsequent Accident Affect My First Case
If you are actively treating on the earlier case at the time of the reinjury; both cases can only be closed once the treatment is done under both of those claims.
If the earlier case is closed by the treating doctor but you didn’t see the IME yet; the new injury should be disclosed to the IME doctor and IME doctor should not comment on permanency due to a new active claim. The claimant should wait to complete treatment under the new case before closing the earlier case.
If you saw both the treating doctor and IME; any subsequent injury is irrelevant, and the earlier case can proceed with permanency based upon the existing reports/opinions on file.