Legal Question in Workers Comp in Pennsylvania

injured on the job for the second time

I work at a mental health facility and was attacked 3 yrs ago by a patient and was out for nearly 6 months with injuries to my neck and lower back. I was recntly attacked again by another patient and reinjured my neck and back. I have consulted my doctor in between those times for muscle spasms in those areas and even had to take time off sick to recoup. Since this latest wc claim, should it be considered under the first claim or will this be considered a new claim? The wc doctor did not order any tests nor did he want to treat my pain. I had to ask him for muscle relaxers. I need to know if i could see my own doctor.


Asked on 6/22/08, 1:53 pm

1 Answer from Attorneys
James Monaghan Law Office of James V. Monaghan

Re: injured on the job for the second time

The question of whether an injury constitutes a recurrence or an aggravation is significant. An aggravation of a pre-exisating injury is considered a "new injury" and wages are caclulated as of that date. A recurrence would reflect the earlier claim and wages would have already been set at that time. The issue is very fact sensitive in that it depends on how the doctor categorizes the injury. Generally, if you have a second traumatic event, it is an aggravation. By contrast, if the symptoms re-appear without being triggered by a specific second trauma then it is usually a recurrence.

You should consult with an attorney so that we can determine how best to approach this.

Read more
Answered on 6/23/08, 9:43 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Pennsylvania