Legal Question in Workers Comp in Pennsylvania
New injury similar to old one
I sustained an injury to my back at work last week and called my employer to see if it was alright to go home and rest which he granted. I have had injuries similar to this one at my last employ and have had several types of treatment. This one seemed bad, but I thought that some rest would do me. The next day was not much better. Anyway it's 4 and a half work days later and I am still out. I went to my doctor for tests and waiting for the results. My question is, even though I have had similar injuries, would this still be considered a workers comp claim since it happened at work? Thanks in advance for your help.
2 Answers from Attorneys
Re: New injury similar to old one
YES. Aggravation of a pre-existing condition is expressly included in the definition of compensable injuries. You MUST make sure your employer is notified that this happened at work, and that it's reported to the comp insurer. If your employer has a list of physicians, you should be treating with one of them for the first 90 days. If they don't have such a list, you can stay with your family doctor, but he should bill and report to the comp insurer.
Re: New injury similar to old one
you do have a claim. However, your last employer may also be partially responsible. you need to hire an attny to sort this out becasue it will be complicated. What County are you in?
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