If you have suffered from a work-related injury and you are receiving disability payments and having your medical bills paid by workers’ compensation, your employer or the workers’ compensation insurer are likely eager to stop making payments to you. This means if you suffer an intervening injury, there is a good chance your employer will try to use this as an excuse to stop paying your workers’ compensation benefits.
An intervening injury is an additional injury, incident or accident that makes your existing injury worse. For example, if you are out of work because of back problems and you fall down the stairs and hurt your back, this second tumble down the stairs would be the intervening injury. An injury sometimes can result in your wage loss payments and medical treatments being limited and not covering any damage resulting from the new injury; however, this is not a given in every situation. To learn more about whether your intervening injury will impact your benefits, and to fight to make sure it does not impact your benefits whenever possible, contact the Boulder Colorado workers’ compensation attorneys at the Dominick Law Firm today at 303-447-2644.
Colorado Workers’ Compensation and Intervening Injuries
The impact of an intervening injury on your workers’ compensation benefits is going to vary depending upon what type of injury you suffer. If you experience a dependent intervening injury, or one that occurred because of your work injury or the accident at work, then your workers’ compensation should continue and should cover any costs associated with the intervening injury. For instance, if you harmed your back at work and were attending physical therapy because of that work-related injury, additional damage to your back that occurred at physical therapy could be a dependent intervening injury covered by workers’ compensation.
However, if your intervening injury resulted from events completely independent of your work-injury, then the employer is no longer liable for the damage caused by that intervening injury. Your medical benefits under workers’ compensation can be restricted to not cover any costs of treating the damage caused by the intervening injury and you may not be paid wage loss payments for any time missed as a result of the intervening injury.
It can be very difficult to determine whether an intervening injury is directly related to the work injury, and even more challenging to assess what portion of your injuries or damages were caused by your original work injury and what portions were caused by an independent intervening injury. As such, whenever an intervening injury occurs and you are still receiving workers’ compensation benefits, you will need to seek help from a Colorado workers’ compensation attorney to ensure that you receive the full workers’ comp benefits you deserve under the law.
The Dominick Law Firm can help you to understand your rights after an intervening injury under Colorado workers’ compensation laws and under the specific policy your employer has in place. Our Boulder workers’ compensation firm has assisted clients with workers’ comp claims throughout Boulder, Thornton, Longmont, Louisville, Lafayette, Erie, Broomfield, Lyons, Mead, Loveland, Wheatridge, Greeley, Ft. Collins, Superior, Denver and the entire Colorado Front Range. If you live in this area and need assistance understanding or enforcing your rights after an intervening injury, contact us today at 303-447-2644 to schedule a free consultation to learn how we can help.