Results 1 to 3 of 3
  1. #1
    Join Date
    May 2013

    Question Re-Injury of a Workers Comp Injury, but Off the Job

    I dislocated my shoulder in 2008 on the job, and received workers comp benefits until I recovered to the point when I was released to return to work without restrictions.
    A while afterwards, My attorney at the time filed for an additional allowance for anterior shoulder instability, type 1 labral tear, and right rotator cuff syndrome. The industrial commission ruled that the allowance was to be granted on the grounds of a "substantial aggravation of a previous injury" based on a medical report from a doctor who I have never seen. I have no recollection of an injury previous to 2008.
    I was back at work and all was well and good until recently in March 2013 I re-dislocated the same shoulder in the same way again, but this time it was off the job.
    My injury required surgery again, and I am now on short-term disability, and not able to work. I was covered under FMLA for 12 weeks, but on may 8th my employer released my position. I am still receiving disability benefit payments, and my employer told me I would need to re-apply for another position after recovery.
    Am I eligible to receive workers comp benefits for the recent re-injury? and if so how do I do that?

    Any help is greatly appreciated, Thank you in advance
    ~Nichole Rigsby

  2. #2
    Join Date
    Oct 2006

    Default Re: Re-Injury of a Workers Comp Injury, but Off the Job

    off the job aggravations and new injuries to the same body part are not covered under prior work comp injuries/employers.

  3. #3
    Join Date
    Feb 2007

    Default Re: Re-Injury of a Workers Comp Injury, but Off the Job

    No WC. But once you are released to return to work, if your ER cannot bring you back, file for UI benefits, wait for the state to make a decision.

Similar Threads

  1. Replies: 9
    Last Post: 04-01-2013, 02:22 PM
  2. No Justice for my Workers Comp Injury
    By disabledatage33 in forum Indiana
    Replies: 7
    Last Post: 03-15-2011, 09:09 PM
  3. Vascular Injury and Workers Comp
    By reflux in forum South Carolina
    Replies: 2
    Last Post: 03-11-2010, 02:16 PM
  4. Surveillance After a Workers Comp Injury
    By carlos1961 in forum Insurance Company Practices
    Replies: 31
    Last Post: 02-27-2010, 07:32 AM
  5. Workers Comp Injury Job Terminated
    By railroaded in forum Florida
    Replies: 2
    Last Post: 07-22-2008, 05:37 PM


Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Find a Lawyer