I was Injured at Work and Then Suffered Another Injury: Does the Second Injury Apply Under Workers’ Compensation?
If you’ve been injured on the job and have been approved for treatment under the Workers' Compensation statute by your employer, and then you re-injure yourself as a result of the initial injury, you should still receive medical benefits for the second, related injury.Your Employer Might Try to Deny Your Second Claim
Sometimes employers approve an initial Workers' Compensation claim but then attempt to deny you when that initial injury causes another injury. For example, say you injure your left shoulder at work and your employer approves that claim. But then, because you’re relying more on your right shoulder, you ultimately injure it as well. Or maybe you hurt your leg at work and then fall at home as a result of the workplace injury. Your employer might wrongfully try to deny the second medical claim.
When your employer denies your claim, they are denying you access to an authorized treating physician. Your employer is essentially keeping you from establishing that your initial injury caused the need for further medical treatment. This premature denial goes against the Tennessee’s Workers’ Compensation Statute.Tennessee Law
Tennessee follows the “natural consequences rule” which states, “A subsequent injury, whether in the form of an aggravation of the original injury or a new and distinct injury, is compensable if it is the ‘direct and natural result’ of a compensable injury.” Basically, this means that if you injure yourself as a result of an initial work-related injury, it’s related and should be covered under Workers' Compensation.What Now?
If you have been injured at work, put The Lawyers of Brown & Roberto to work for you today. Give us a call at (865) 691-2777 or contact us through our website Brown & Roberto, PLLC to set up a free consultation.