Legal Question in Workers Comp in Missouri

My back was hurting for months at work before my slip at a store herniated a disc. I had a work related back injury in 1988. Can I file for workers comp due to pain I was having before my slip and fall??


Asked on 9/13/11, 10:43 am

1 Answer from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am sorry to hear about your injury. I am a Missouri workers' compensation attorney.

Whether or not you can file a new workers' compensation claim for pain occuring prior to your slip and fall depends heavily on how the pain back arose. In other words, was it caused by a specific, definable accident that occurred when you were working? Or did the pain arise gradually over the course of time due to repetitive activities, which, collectively, resulted in your back pain? In either situation, you may have grounds to file a workers' compensation claim. Remember also that there are time limits for filing a Claim, and due to your slip and fall injury, your workers' compensation claim must be presented properly to assure that the claim is not denied. Furthermore, you may also have a separate claim against the Second Injury Fund, due to the fact that you had a prior back injury in 1988.

I hope this helps, at least to some extent. For convenience, I can be contacted via e-mail at [email protected]. Website: www.harvathmissouriillinoislawyers.com.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 9/25/11, 2:30 am


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