Don’t let employer or insurance companies blame your present work-related medical problems on pre-existing injuries. That’s not the law.
The Longshore and Harbor Workers’ Compensation Act cover new injuries and aggravation injuries. If your work injury exacerbated or aggravated a pre-existing condition by even 1%, then your employer and its insurance carrier may be liable for your entire disability.
Your employer and its insurance carrier may also be liable for consequential injuries, provided that the subsequent injury is the natural, unavoidable consequence of the initial work injury.
How do consequential injuries, or second injuries, arise? Suppose the injured worker suffered a knee injury while performing strenuous longshore work. While healing from the right knee injury, the injured worker walks with an altered gait, relying heavily on their left knee. Eventually, the altered gait causes hip or back problems, or the left knee begins hurting because of the worker’s additional reliance on that knee. When that happens, the injured worker has suffered a consequential, or second injury. The new problems with the hip and the left knee are natural or unavoidable consequences of the initial right knee injury. And those problems are compensable, too.
If you have suffered an aggravation injury, or if your employer and its insurance carrier are telling you that your problems are the result of pre-existing problems, contact an experienced attorney. You may be entitled to compensation and medical benefits.
Contact Jon Robinson at Strongpoint Law Firm for legal representation in your Longshore and Harbor Workers’ Compensation Act claim. Jon can be reached at (985) 246-3194, or you can fill out the contact form and let Jon contact you for a free case evaluation.
