New or Old Injury?

There are often situations in which a claimant will have previously suffered an injury or disease process in the same location as he/she recently suffered a new work-related injury. In these cases, the insurance company will often seek to lay the financial blame for the current injury on the old injury. In that way, the insurance companies hope to escape liability for some or all of the costs related to the present injury. If this has happened in your claim, you should seek legal representation immediately. Also important to understand, the insurance company for a claimant's current employer may not actually be responsible to pay for the entire expense of a current injury (including the salary the claimant may be losing presently due to the new injury). For instance, if the claimant previously had a different work-related injury in the same location, the current employer's insurance company may escape some or all liability. This is so because under relevant statutes, the employer may be able to shift liability to a different insurance carrier. Again, there are technical ramifications, and you should seek legal counsel immediately if you have such a complex claim.

If you have suffered a new injury upon the same site or location or bodily system as you have suffered a previous injury or illness (whether work-related or not), we advise you to seek legal counsel immediately. These are among the most complex and overly-litigated claims. If you are in this situation, contact us for competent representation.