QUESTION
Can I file worker’s compensation with my current employer if they believe that what I have is an on-going degenerative health problem?
Asked on Aug 25th, 2012 on Personal Injury - Florida
More details to this question:
Doctor advised employer's attorney that in his opinion the new work accident did not occur but was a result of an on-going problem the claimant had in 2010. The claimant also has degenerative conditions related to his lumbar spine. There is no evidence of acute trauma. My question is, I was feeling no pain and was healthy until my back was aggravated by working my job in 2012. This is a different employer than I had in 2010.
15 ANSWERS
Steven D. Dunnings
Hire an attorney.
Answered on May 29th, 2013 at 10:43 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Yes.
Answered on May 22nd, 2013 at 6:02 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It sounds like you already have filed the worker's compensation claim. IME doctors know what side their bread is buttered on and they know what insurance companies want to hear. Your doctor will have to rebut theirs. You need a worker's comp lawyer who will file the necessary papers to get you a hearing before the Comp Board.
Answered on Sep 07th, 2012 at 10:44 AM
You need a medical opinion that confirms by way of a medical opinion what you're saying; the new condition is a new injury from the current employer and not an ongoing degenerative process. Medical opinions are the fuel that allows the workers' compensation benefits engine to start up.
Answered on Aug 29th, 2012 at 11:44 PM
Was the doctor employed by your employer? Was doctor YOUR doctor? Doesn't matter . . . you "aggravated" your condition and your employer is at fault for whatever that "percentage" would be. You can get another doctor (expert witness) to CONTEST that doctor's findings. And WHAT tests did "doc" use to determine his findings? There's always fault with these "quickie" employer-doctor's reports. They get paid for RETURNING employees back to work OR by DENYING injury claims . . . otherwise they'd be out on the streets looking for employment elsewhere.
Answered on Aug 29th, 2012 at 11:28 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Only if there is evidence that the health problem was caused as a result of the condition of your employment.
Answered on Aug 29th, 2012 at 10:06 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Aggravation of a pre-existing injury is a viable worker's compensation injury.
Answered on Aug 29th, 2012 at 7:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can file, and there will probably be a dispute regarding the claim.
Answered on Aug 29th, 2012 at 2:38 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The 2010 claim is a dead horse. File a new claim and let the two insurers fight it out.
Answered on Aug 29th, 2012 at 2:11 PM
Ronald A. Steinberg
My advice is for you to decide if you want to keep your current job or not. If you do not care, then the smart thing to do is to file a comp claim against both employers; one for "causing" the condition and/or for predisposing you to subsequent worsening of it, and the second employer for worsening the condition. If you do not do that, each employer's comp defense attorney will point at the other employer for blame. You could lose both cases if handled separately.
Answered on Aug 29th, 2012 at 1:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your employer is normally not liable for health conditions you bring to the job. The doctor seems to think this is the case and the doctor opinion always controls in a comp case. normally too you have to have an "accident" in the course and scope of your employment to be covered. The fact that you develop a health issue while you are employed basically gives you no right against the employer. Why would you think otherwise.
Answered on Aug 29th, 2012 at 12:27 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, you can file a claim. You will have to prove that an accident at work aggravated your pre-existing condition. You will need a doctor to give an opinion that the work accident aggravated your pre-existing condition. It will help if you have a lawyer.
Answered on Aug 28th, 2012 at 9:59 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You can try, but I do not think you will be successful.
Answered on Aug 28th, 2012 at 9:51 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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You can file but probably will not win.
Answered on Aug 28th, 2012 at 11:11 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You'd better hire a good workers' compensation attorney since you know in advance that they are going to contest your getting comp benefits.
Answered on Aug 28th, 2012 at 10:57 AM