Can I Claim Workers’ Compensation if an Old Injury Returns?

If you or a loved one was involved in a workplace accident, please contact the Delaware workers’ compensation lawyers at Silverman, McDonald & Friedman to schedule a meeting in Wilmington, Newark, or Seaford today. We are dedicated to helping our clients navigate the complicated workers’ compensation process and obtain the benefits they deserve.

It is not uncommon to be involved in an accident and suffer injuries at work. For example, you may become injured while working on a machine, moving heavy items, operating the company vehicle, or even while walking to the lunchroom. However, one of our clients’ most common questions is, “What if an old injury returns because of a repetitive or strenuous task I was performing at work?” This is a great question, as the return of your old injury may have the same effects as a new injury.

Examples of old injuries that may emerge or become exacerbated at work

When an old injury returns or becomes exacerbated, the injury already existed, but it was made worse or irritated by the work task, activity, or accident. A few examples of old injuries that may emerge or become exacerbated at work include:

• Broken or fractured bones
• Herniated disks
• Torn ligaments
• Pulled muscles
• Carpal tunnel
• Post-traumatic stress disorder
• Anxiety
• Whiplash or neck trauma
• Traumatic brain injury

What if my old injury returns or becomes worse at work?

If you are on the job and notice that you are experiencing sharp or shooting pains where a previous injury was, your old injury may return or worsen. You might be involved in a new accident or suffer a new injury that causes your old injury to return or become exacerbated. However, old injuries can return or become worse after simply doing a repetitive or strenuous work-related task or activity.

Regardless of how your old injury returned or worsened, you may be eligible to file for workers’ compensation benefits. However, to do so, you must be able to provide substantial proof showing that an incident occurred while on the job that caused your pre-existing injury to return or become worse. Without this proof, there is a good chance that insurers will deny your claim.

After you have notified your manager or supervisor about your injury, your employer’s insurance company will begin investigating your pre-existing injury and the incident that caused it to become exacerbated. The main question they will be looking to answer is whether or not the injury truly became exacerbated at work.

How do I file a workers’ compensation claim for an old injury?

If your old injury was under control or you were on the path to recovery when the job-related incident occurred and caused it to flare up, you may need to know how to file a workers’ compensation claim. Here are the steps you should take to successfully file a workers’ compensation claim for the exacerbation of an old injury:

• Inform your manager or supervisor about your accident or injury. You should do this in writing and make a copy for your records. Delaware gives injured employees 90 days to do this. After you inform your employer about your injury or accident, they have ten days to report it to the Office of Workers’ Compensation. During this time, your employer may request that you complete specific paperwork, which you should do promptly.
• Visit a licensed medical provider for a physical examination and to receive treatment for your injuries. You should notify your doctor about the old injury and explain how it became worse on the job. While your employer may want to choose which doctor you see, Delaware allows injured employees seeking workers’ compensation to choose their own doctors. Therefore, you can see both doctors if you wish.
• Start writing about your injury, what happened to make it worse, and the pain and hardships you have experienced since. This can be in the form of a journal and should include as much detail as possible.
• Gather evidence to support your claim. This may be photos, videos, surveillance footage, eyewitness statements, medical records, doctor notes, and more. The goal is to ensure you have enough information to show that the work-related incident caused your old injury to return or worsen.

During this process, remain honest and upfront about your pre-existing or old injuries. If you hide or lie about these injuries, your credibility could be questioned, and your claim could be denied.

How do I know whether my workers’ compensation claim will be successful?

Knowing whether your workers’ compensation claim will initially be successful is a challenge. This is because insurance companies are looking for any small reason to deny your claim. Therefore, if there is one little mistake or error or even a document missing, there is a strong possibility that your claim will be denied. That is why it is recommended that a Delaware workers’ compensation lawyer be retained as soon as possible. A lawyer can guide you through the workers’ compensation process, help you thoroughly explain and show how your job caused your old injury to become exacerbated, and increase the chances of your claim succeeding.

If, for any reason, your workers’ compensation is denied, you can fill out an application with the Office of Workers’ Compensation. This application is used to request a hearing with the Industrial Accident Board in which you will be allowed to discuss your accident or injury. If you have a lawyer, they will ensure that you are prepared for this hearing and help you build a strong and convincing case.

The Delaware workers’ compensation attorneys at Silverman, McDonald & Friedman know and understand the challenges injured employees face daily. Workers’ compensation benefits can help individuals and families reduce the burden of expensive medical bills and lost income. Therefore, if you feel nervous or uneasy about obtaining workers’ compensation benefits, we encourage you to contact our team right away. We offer free, no-obligation case reviews in Newark, Seaford, and Wilmington for your convenience.