When you’ve been hurt on the job, your employer’s goal will always be to get you back to work as soon as possible. But what happens if you’ve gone back to work too early, before your injury has fully healed, and your disability comes back, maybe even worse?
Recurrence of Disability Defined
A recurrence of disability is a situation that arises because of the resurgence of a prior injury. The aggravation of a former injury by a new injury typically does not qualify as a recurrence of disability. There can also be a recurrence of disability when you have been put on light duty assignments, but are unable, due to a work-related injury, to perform the light duty assignments because of your injury. Recurrence of disability also defines the instance where an employee leaves work for approved surgery.
What Happens When There’s a Recurrence of Disability?
If you aggravate a former injury without incurring a new injury, the employer for whom you were working when you suffered the initial injury will be required to provide workers’ compensation benefits. If, however, you go to work for a new employer, suffer a new injury, but also aggravate an old injury, your new employer will be responsible for paying any workers’ compensation benefits.
Flow-from injuries are those that typically don’t occur or manifest from the initial trauma, but only become apparent after the fact, often as a result of your primary injury. For example, you may hurt your left knee in a work-related accident, causing you to overuse your right leg, leading to muscle strain or other injuries to your right leg.
A “flow-from” injury is treated like any other type of work injury. In fact, even if the original injury has healed, you may be able to recover benefits for the “flow-from” injury.
Contact Uliase & Uliase
For an appointment with an experienced New Jersey federal workers’ compensation lawyer, contact us online or call our office at 856-310-9002. We meet with clients weekdays between 9 a.m. and 5 p.m. Even if we don’t take your case, we will only charge a $35 consultation fee. We waive the fee for certain union members.