Home > Research Legal Advice > Workers Compensation > I was seen by Doc. for impairment rateing was reinjured the next week sa...
Asked 6 months ago - Missouri City, TX
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the insurance wants to pay the 5% for the impairment rating and thats all, i explained to them the injury occured after the the doc. visit and seem to me it should be considered a
new case
You must be able to show a new mechanism of injury causing further harm. The problem with re-injury is often times it is shown that it is no new injury at all. Certainly report the new injury and claim it, but I would seek a doctor's opinion about if further harm or worsening has occurred. Even though it is possible you have a new injury with a new period for disability, if it the same body part on a second claim with the same employer and insurance company, they will be able to seek a credit for any future impairment rating they've paid for permanent impairment for that same body part.
Mr. Markey gave you good advice. Beyond his answer though is the question of what happens if there is no new damage or harm resulting from the new incident. If that is the case, it can still be covered under the first case as a flare-up or exacerbation. This can mean that you need further treatment and have not yet reached maximum medical improvement under the first injury. That would allow for ongoing benefits under the first claim.
It depends how you reported this injury. What is documented in the medical records will be the key to your case. Were the symptoms different in any way? Anything different about this injury than the other one?
If your answer is no to these questions then you are probably looking at an aggravation of your pre-existing condition vs. a new injury. These cases can be tricky, so consult with a local worker’s comp. attorney.
Good luck.
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