Will Workers’ Comp Pay for Additional Injuries From Overcompensation?
Legally Reviewed and Edited by: Terry Cochran
While dealing with one work injury, you may find yourself overcompensating, leading to an additional injury to a different side or body part. What happens in cases such as this? Will your workers’ compensation benefits cover medical treatment for the new injury caused by the overcompensation?
The answer in Michigan is most likely yes; you should be entitled to additional compensation for treatment under workers’ compensation. However, it depends on whether your claim for workers’ comp has already been accepted, and the new injury is a direct result of overcompensating for that original injury.
What is Overcompensation?
Overcompensation occurs when an injured worker uses other parts of the body in new or pronounced ways due to the injury sustained.
With a right knee injury, you may begin to unnaturally favor your left knee, causing it to become injured as well. Or perhaps you begin to favor one hip over the other as it heals, changing your gait and leading to joint problems in both hips.
Overcompensation injuries commonly occur in the shoulders, wrists, hands, knees, hips, and the back.
How to Prove Overcompensation Injury in Michigan
The initial injury that prompted a workers’ comp claim must have occurred at the workplace or in a work-related accident. A second injury resulting from overcompensation is not restricted to being work-related. Instead, it can happen anywhere, including at your home.
Proving overcompensation is another matter entirely. You need medical evidence from your physician. Carefully explain the circumstances in which the new injury occurred, such as additional weight being placed on one foot. Once a full evaluation is complete, ask your physician for a causation opinion. You also need to request additional work restrictions now that you have two injuries instead of one.
Even with this causation opinion and restricted work restrictions, a workers’ comp insurance adjuster may not grant the new injury benefits. If this happens, it’s time to consult with an experienced Michigan workers’ comp attorney.
Workers’ comp insurance companies often deny or attempt to minimize claims, stating the new injury is unrelated to the original claim.
Hiring a personal injury attorney with a medical background can help ease the discussions with the insurance company. Eileen Kroll, a registered nurse and an experienced personal injury attorney at our law firm, can negotiate with medical professionals and insurance companies’ to get you the benefits you deserve for your injury.
In the end, any injury caused as a result of overcompensating for a prior work-related one should be covered by your employer’s workers’ compensation insurance.
Work with an Experienced Michigan Workers’ Compensation Attorney
Filing for workers’ compensation can be complicated, but with an additional overcompensation injury included, it makes it even more complex. Our experienced workers’ compensation attorneys can examine your case and work to get additional coverage for medical treatments and lost wages. For your free, no-obligation consultation, call our law office at 866-MICH-LAW.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.