Consequential injuries, those that arise as a consequence of the primary work-related injury, often pose unique challenges for individuals seeking compensation. At Harvey & Carpenter, we understand the intricacies of these cases and are here to shed light on how consequential injuries can impact workers’ compensation claims.
What is a Consequential Injury?
“Consequential” injuries can be ANY condition/injury/need for treatment that the original injury substantially contributed to. Consider this scenario: an employee sustains a severe laceration on their hand in the workplace. Two weeks later, the employee’s laceration site becomes infected. The question arises: are workers’ compensation benefits available for treatment related to the infection? The answer is yes. Minnesota workers’ compensation law recognizes that consequential injuries, including infections or injuries sustained during the regular course of treatment (physical therapy, surgery, etc.), are valid grounds for a claim. Even if the employee’s hand needed to be amputated, workers’ compensation would likely be responsible.
Here is another scenario: an employee is dealing with radiculopathy in her legs as a result of a work-related injury. Her initial work injury did not affect her arms, wrists, or hands. A few months after the initial injury, the employee’s radiculopathy caused her leg to give out and she fell, breaking her arm. Because the employee’s initial injury substantially contributed to her fall, any subsequent injuries from her fall would be compensable under workers’ compensation.
Navigating the Complexities of Consequential Injuries/Conditions
Our Mankato work injury lawyers have dealt with many situations involving secondary injuries. Understanding how these consequential injuries relate to the original workplace incident is crucial in ensuring that our clients receive the compensation they rightfully deserve.
Our Service Area: Southern Minnesota’s Trusted Advocates
Harvey & Carpenter proudly serves Mankato and an expansive Southern Minnesota region, offering dedicated legal representation to those in need. Our service area includes, but is not limited to, the following cities: North Mankato, St. Peter, New Ulm, Waseca, Fairmont, Owatonna, Albert Lea, Rochester, Red Wing, and Faribault.
Contact Mankato Workers Compensation Attorneys at Harvey & Carpenter
For a comprehensive understanding of consequential injuries and workers’ compensation, reach out to the experienced legal team at Harvey & Carpenter. We offer phone and video consultations for your convenience. Call us today at 507-779-7529, and en español at 507-779-7202. Let us be your advocates in navigating the complexities of workers’ comp, ensuring you receive the compensation you deserve.
Common Examples of Consequential Injuries
Consequential injuries take many forms. A worker who injures their knee and then develops back problems from an altered gait is experiencing a consequential injury. Similarly, someone who has surgery for a work injury and develops an infection or adverse reaction to anesthesia has a consequential condition. Depression and anxiety that develop as a result of chronic pain from a work injury are also recognized as consequential injuries under Minnesota workers’ compensation law.
Other common examples include injuries sustained during physical therapy or rehabilitation for the original work injury, weight gain and related health problems from reduced mobility, and medication side effects from drugs prescribed to treat the work injury.
Proving a Consequential Injury Claim
The key to a successful consequential injury claim is establishing a clear causal connection between the original work injury and the subsequent condition. This typically requires medical evidence showing that the original injury was a substantial contributing factor to the new condition. Your treating physician’s opinion is important, but the insurance company may request an independent medical examination to challenge the connection.
Documentation is critical. Keep detailed records of how your original injury has affected your daily life and physical capabilities. Report any new symptoms to your doctor promptly and explain how they relate to your original work injury.
Workers’ Compensation Benefits for Consequential Injuries
If your consequential injury claim is accepted, you are entitled to the same benefits as for your original injury. This includes medical treatment for the new condition, additional wage loss benefits if the consequential injury prevents you from working, and an increased permanent partial disability rating that accounts for all related conditions.
Insurance companies frequently deny consequential injury claims, arguing that the new condition is unrelated to the original work injury. At Harvey & Carpenter, we have extensive experience proving these connections and securing benefits for workers dealing with complications from their original injuries. Contact us for a free consultation about your consequential injury claim.
