Getting hurt on the job isn’t just a pain; it’s often accompanied by extended time off and weeks or months of physical therapy and rehabilitation. Imagine the scenario of being hurt a second time. That’s right: Just when you see the light at the end of the tunnel for your work-related injury, something unexpected happens. A second injury sounds complicated, but there is a way to navigate the situation effectively with the help of a workers’ compensation attorney.
Our workers’ compensation attorneys have helped many clients in this situation, which often requires submitting a second claim and adjusting the first treatment plan. A workers’ compensation attorney with experience in second-injury claims will give you the peace of mind to focus on healing and, ultimately, returning to work.
What Are Workers’ Compensation Benefits?
In California, workers’ compensation is a no-fault insurance program that benefits employees who have been hurt or become ill due to work-related conditions. Benefits may include:
- Medical care
- Temporary disability benefits (up to 240 weeks within five years)
- Permanent disability benefits if the employee doesn’t fully recover
- Supplemental job displacement benefits
- Death benefits to surviving loved ones in the case of accident death of an employee on the job
What Happens if You Get Hurt During Physical Therapy for a Work-Related Injury?
A second injury during rehabilitation of the first work-related injury can and does happen. We have helped many clients through this type of situation. Here is one example illustrated in this hypothetical case study.
John was recovering from a back injury caused by a slip and fall that he suffered on the job at his position as a warehouse foreman for a large shipping company. After immediately reporting his injury to his supervisor, he filed a workers’ compensation claim. John was referred to a physical therapy clinic for six weeks of once-per-week sessions.
At the very first session, even though his doctor told John he was ready to start physical therapy to aid in his recovery and gain strength, John fell again. John sprained his knee in the second fall, which set back the treatment for his original back injury. Unfortunately, it also complicated his original workers’ compensation claim.
In John’s case, the new injury required additional medical evaluation and treatment, which put him right back at the beginning of the recovery process. John was concerned that his workers’ compensation benefits would not be extended. He consulted a skilled workers’ compensation attorney with experience in second injury claims to sort out the mess and file a second claim on his behalf.
Fortunately, John’s knee injury only required a few weeks of rest. Then, he was able to resume physical therapy for his original back injury and return to work.
What To Do If You Are Injured a Second Time
If you are undergoing treatment for a workers’ compensation claim and are hurt during treatment, it is important to take these critical steps:
- Take immediate action: If you sustain an injury during a physical therapy session, inform your physical therapist immediately.
- Report the Injury: Report the new injury to your employer and the workers’ compensation insurance carrier so your second injury can also be covered.
- You can get a medical evaluation: Please contact your doctor and schedule a medical assessment so the proper treatment can begin. This may include rest, another surgery, or modified physical therapy.
- Make sure you understand your continued coverage: Workers’ compensation insurance should continue to cover medically necessary treatments, including any adjustments to your physical therapy plan due to the new injury.
- Look into the possibility of a third-party malpractice claim: In California, a worker injured by a third-party (e.g., physical therapist) during the rehabilitation of a work-related injury may have grounds for a third-party malpractice claim.
Remember: It is essential to follow all prescribed treatments by medical professionals following a work-related injury or subsequent injury so you do not jeopardize your workers’ compensation benefits.
Workers Compensation Attorneys Who Can Help
Having an experienced and competent workers’ compensation lawyer who can ensure the claims process goes smoothly is vital. Our workers’ compensation lawyers will explain the process and so that all forms are filled out correctly and filed on time. At the same time, you can focus on healing and ensuring your recovery goes as smoothly as possible.
You can call us at (209) 323-5126 to schedule your free consultation. There is no obligation, and we will answer all your questions to the best of our ability.
