More details to this question:
Two years ago, I got hurt. When I went back to work 21 days later, I got hurt again and got the same injury.
10 ANSWERS
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you were hurt at work, then it's a worker's compensation claim. You can make a second comp claim for the second occurrence even if you sustained the same injury, but you would have to ask a comp lawyer the value of the comp claim based upon the type of injury.
Answered on Jan 16th, 2013 at 8:22 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't mean same injury. you mean second injury to same body part I assume. Doesn't matter how many times you are injured to the same body part. It is still a valid worker comp claim. Make sure you file it if it is significant. If it is a nickel and dime matter you ma6y irritate the boss
Answered on Jan 16th, 2013 at 4:55 PM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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Yes, you can either file a new claim if you had a specific incident or a change in condition. You should contact an experienced workers' compensation attorney asap.
Answered on Jan 16th, 2013 at 4:55 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, if there was a second accident. IF the medical condition just got worse and there was no accident, you might not be able to succeed in a new claim.
Answered on Jan 16th, 2013 at 4:54 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Yes, your worker's comp claim would still be open. File the paperwork with your employer and let your comp adjuster know what happened. Good luck.
Answered on Jan 16th, 2013 at 4:54 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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File a new claim and let the insurance companies figure it out. The last insurer should start payment and they can try to pin it on the old claim. If you were working for the same employer, no harm which claim they pay on unless you got a raise.
Answered on Jan 16th, 2013 at 4:54 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If it was work-related and it's a worker's compensation case, yes.
Answered on Jan 16th, 2013 at 4:53 PM
James Eugene Hasser
An aggravation of a pre-existing condition is considered a new injury under the law. A flare up is considered to be an old injury. The difference is a matter of opinion for the Dr. and a question of fact for either a judge or jury to decide. If you have an aggravation, you have a new injury. If you have a flare up, you don't.
Answered on Jan 16th, 2013 at 4:52 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Actually, it's not the same injury. It's a new injury of the same type to the same area of the body. Or perhaps the second occurrence was an exacerbation of the first injury. Either way, you could make a worker's comp claim. But, according to the info you gave, the first injury was 2 years ago and the second was 21 days later.
Answered on Jan 16th, 2013 at 4:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes. What has happened is that you were had two separate injuries of the same variety.
Answered on Jan 16th, 2013 at 4:49 PM