When you have an on the job injury you may be able to receive workers compensation. But what happens when your work-related injury causes you to have another injury, or develop another medical condition like an infection or arthritis?
These injuries/conditions are known as consequential, and they can cause wage loss and even permanent disability for which you can get benefits. Here, we explain everything you need to know about this specific injury type so that you understand how to get workers’ comp for your consequential condition claim.
What Is a Consequential Injury?
Simply put, a consequential injury is an injury that you sustain as a consequence of a work-related injury you incurred previously. For example, let’s say you break your ankle while at work and that is accepted by your workers’ comp. Sometime later, you fall at the grocery store because of your ankle, and you dislocate your shoulder as a result of this accident. You can get workers’ comp to cover your shoulder injury. You should file a worker’s compensation consequential condition claim. This type of injury falls under workers’ compensation claims because it only occurred as a consequence of the first work-related injury you sustained.
Many different work injuries can cause you to have another injury. Other examples would be if you had surgery for an accepted workers comp condition and thereafter you developed an infection, or if an injured hand causes you to overuse and strain the other hand.
Another interesting and common occurrence is when arthritis develops years after a work injury. This can happen, for example, if you had a knee injury and a knee meniscus tear was operated on, it is common to have arthritis in the knee years later. This is a consequential condition. The same can happen with back or shoulder surgery.
To see if your consequential injuries have legal grounds for a claim, talk to an attorney at our offices in Portland, OR, or Pendleton, OR.
Who Can Help Me With My Case?
Consequential injury claims can be harder to get benefits for than traditional workers’ compensation claims. You have to file additional forms and statements, and you have to prove the consequential condition is caused in major part by the accepted injury. This means the first injury must be the cause at least 50% of the second injury. If you need help to pursue such a claim, or if a consequential workers comp claim has been denied, you should consult with a workers’ compensation attorney.
If you were injured at work and then suffered another injury, or condition, as a result of your work-related accident, you have the right to seek compensation. Call Ransom, Gilbertson, Martin & Ratliff, L.L.P at 1-800-371-3664
to schedule a consultation. You can also visit our contact page
to get in touch with the office nearest you. Or, fill out the form to the right.