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Will You Get Denied if You Filed a Past Workers’ Compensation Claim?

Published in Workers Compensation on April 1, 2020.

The prospect of being unable to work due to injury can be frightening. Many people can get quickly overwhelmed when trying to navigate the worker’s compensation process while worried about paying their bills and supporting their families. If you’ve had a prior workers’ compensation claim, you may be familiar with how the process works, but may be worried about whether the claim will be denied. 

The Macon workers’ compensation attorneys at Nelson & Smith Attorneys at Law understand the concerns you have and the challenges you’re facing. We work with our clients every step of the way to ensure they get the benefits they need. If you’ve been injured and work and don’t know what to do, contact us to schedule a free consultation to discuss your case. 

Prior Claims Can Make Your Case Complicated

Past workers’ compensation claims can complicate future claims, but you shouldn’t get denied based on that fact alone. That said, insurance companies look for reasons to deny claims, and your prior claim may trigger a denial. If that happens, you have a right to appeal the decision, but it’s critical that you do so in a timely fashion – if you do not file by the deadline, you will have lost your rights. If you’ve been denied workers’ compensation, we strongly recommend that you contact a Macon worker’s compensation attorney as soon as possible. 

Is Your Injury Related to Your Prior Worker’s Compensation Claim?

Workers’ compensation claims that are similar or related to prior claims are some of the most difficult claims to successfully pursue. As a general rule, you cannot receive workers’ compensation for the same injury twice. 

As a result, it’s important to carefully document your injury and understand what you may and may not be compensated for. Get a thorough examination from your doctor, and make sure that you disclose your prior injury – your claim will almost certainly be denied if the insurance company believes that you tried to conceal your prior claim. You should also be sure that your doctor documents specifically whether the injury is a new, unrelated injury of the same body part, or whether it is an aggravation or deterioration of a prior injury.  An aggravation of a prior injury should be compensated, although your benefits will be reduced to account for the previous claim. Unfortunately, your claim may be denied if you don’t establish that this is a new injury rather than the same one. An experienced Macon workers’ compensation lawyer can help you document your claim so that you get the benefits you need. 

Is Your Injury Unrelated to Your Prior Worker’s Compensation Claim?

If your injury is clearly unrelated to your prior claim, the prior claim does not prevent you from filing a new workers’ compensation claim. For example, a construction worker who injured his back two years ago can receive benefits if they break their foot in a subsequent injury at work. 

Injured at Work? Contact a Macon Workers’ Compensation Attorney  

The workers’ compensation lawyers at Nelson & Smith, Attorneys at Law, help people in the Macon, Georgia area get the benefits they need. If you’ve been injured on the job and need some answers, contact us at (478) 746-1468 to schedule a free consultation and case evaluation.