If I was hurt at work and now the workman comp is calling it a pre-existing injury because of the same problem prevously, can they denyme benefits?

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If I was hurt at work and now the workman comp is calling it a pre-existing injury because of the same problem prevously, can they denyme benefits?

At that time ( 6 years ago) it was not recorded.

Asked on March 22, 2013 under Personal Injury, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can be denied benefits if the injury was not caused by or incurred in the course of work--so if the injury was pre-existing, you would not be entitled to benefits. Worker's comp benefits are only for injuries from/at work. You can try to appeal that determination, however; if you intend to, you should retain an attorney, since doing so will greatly increase your chance of winning.


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