California workers’ compensation law recognizes that a work injury can have a domino effect. A compensable consequence is a new health problem that results from the original injury, such as complications of a back injury. The injured worker is entitled to the same medical coverage and disability benefits as for a first injury.
The experienced lawyers of Koszdin, Fields & Sherry have helped many clients win compensable consequence claims. All of the firm’s partners are board-certified specialists* in workers’ compensation who can knowledgeably address these complex cases.
Complications and side effects are covered by workers’ comp.
Call our office in Van Nuys today for a free consultation. We serve clients throughout Greater Los Angeles.
Our experienced workers compensation attorneys have handled a wide range of compensable consequence claims, from physical ailments to psychiatric conditions. In many cases, the consequence is more disabling than the initial injury. Examples of compensable consequences might include:
You won’t find a legal definition of a compensable consequence in the state’s Labor Code. Instead, you can refer to language a California Appellate Court used in the case of Rodriguez v. Workers’ Comp Appeals Board. The court defined a compensable consequence as “a secondary incident which, although perhaps a new and distinct injury, is not a new and independent injury but rather the direct and natural consequence of the primary incident.”
To demonstrate that you’re eligible to receive workers’ compensation benefits for a compensable consequence, you must show that the injury you sustained directly resulted from a previous injury that was sustained in an earlier incident.
This will require coordinating with a qualified medical professional. Those responsible for deciding whether you’re entitled to receive workers’ compensation benefits in these circumstances will wish to thoroughly review medical evidence to confirm that your injury is related to the earlier accident and is not one that developed independently.
This highlights one of the many reasons it’s wise to hire an experienced Van Nuys compensable consequence attorney to represent you when seeking compensation. We can assist you in gathering and presenting the medical evidence you need to establish that you deserve to receive workers’ compensation benefits.
When you’re injured in a workplace accident, often, your injury will be acute, giving you clear reason to see a doctor the day of your accident.
Compensable consequence injuries may be different. Often, they develop over time. Thus, you might notice the signs of an injury for several days, weeks, or even months before deciding to seek medical care.
Don’t make this mistake. After being injured in a workplace accident, it’s important to see a doctor right away to ensure you’re receiving the care you need and to establish a link between your injuries and your accident. This will make it difficult for an insurance company to argue that you may have sustained your injuries in an unrelated incident outside of work.
The same principle applies when you’ve developed a compensable consequence injury. As soon as you have reason to believe that you’ve sustained a new injury that may be a direct result of a previous injury or workplace accident, you need to meet with a physician.
Again, the primary reason for doing so is to get the medical care you need. The sooner you begin receiving the treatment, the better your odds of making a full recovery.
Additionally, you need to see a doctor to build a case showing that your injuries are related to your previous workplace accident. If you wait to seek medical care, establishing this link may be challenging.
Compensable consequence claims are routinely denied by employers and their workers’ comp insurers. Our trial lawyers are skilled at demonstrating the causal connection between the original work-related injury or illness and the secondary disabilities you are now dealing with.
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*Certified by The State Bar of California Board of Legal Specialization as specialists in workers’ compensation law
Any person who makes or causes to be made knowingly false or fraudulent material statements or material representation for the purpose of obtaining or denying workers’ compensation benefits or payment is guilty of a felony. Toda aquella persona que sablendo tapa o causa que se produzca cual quier falsas o fraudulentas alegaciones o representación de trabajadores es culpable de un crimen mayor.