Is it the law that any previous injury excludes you from worker’s comp?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is it the law that any previous injury excludes you from worker’s comp?

I lightly injured my upper right hand gardening at home. Then 3 months later, I took a very labor intensive job as stock manager. I wore a brace to protect my hand. After 3 weeks on the job I seriously injured my wrist and it is now immobilized, so I went to the emergency room thinking it was broken. They told me its likely a torn ligament and put me in a cast until I can go to a specialist. I called work to report it and say I can not return to work at this time. They are now saying this was not work related and they will not help me. Is this possible seeing my wrist is the result of hard labor at work even though I did sprain it three months ago?

Asked on December 4, 2012 under Employment Labor Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are NOT automatically excluded from workers' compensation due to a previous injury.  The medical reports will determine what caused your wrist injury.  Since your employer is denying your workers' compensation claim, it would be advisable to speak with a workers' compensation attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption