Thursday, August 28, 2008
Workers comp. question? -
i injured my back late august '07 at work and claimed it on worker's comp. it took 2 weeks to feel better. december 6, i injured it again in the exact same spot, with the exact same pain, only it was simply picking up a tshirt off the top of a pile of laundry at home. can this second injury (or reoccurance of the previous injury) be claimed on worker's comp because it happened at home? No. If your DOCTOR thinks it's a re-aggravation of the prior injury, depending on what state you're in, you might be able to re-open the original claim. You were not performing any of the duties of your job, so NO. A workers comp claim must ARISE OUT OF and be IN THE COURSE OF employment. An injury at home is usually not going to qualify. In some states you might be able to open it as a aggravation however because it happened at home it depends on what state you live at. I suggest you do this, Contact the adjuster and ask them this question. Give them your claim number and ask them how aggravation rights for work comp works in the state that you work at. The adjuster should be able to explain how it all works. They might say that if it's from work, yes, if it's not work related than no. However again it depends on what state you are at, so give the adjuster a call. It doesn't hurt to ask. With that said they'll probably make a note of this in your file, just in case you do try to file it as a reaggravation claim. But again give it a shot and ask. Chances are it can not. If your August claim has been closed and you were returned to work with no physical restrictions, it will be denied by WC. You would need to be re-evaluated to determine if it was due to the original injury. Good luck, WC is a pain in the A**
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