Are Secondary Injuries Covered by Workers’ Comp?

When a worker suffers an injury on the job, the focus often centers on the initial harm.

However, workplace injuries can lead to complications or additional injuries, known as secondary injuries. Understanding whether workers’ compensation in Maryland covers these secondary injuries is crucial for anyone navigating the claims process.

What Are Secondary Injuries?

Secondary injuries refer to new or aggravated medical conditions resulting from an initial workplace injury. For example, if a worker injures their knee in an on-the-job accident and later develops hip or back pain due to altered movement patterns, the subsequent conditions would be considered secondary injuries.

These injuries can also include psychological conditions, such as depression or anxiety, stemming from the physical injury or the challenges of recovery.

How Workers’ Compensation Laws Address Secondary Injuries

In Maryland, workers’ compensation laws are meant to provide complete support for employees who’ve suffered injuries in the workplace.

These laws cover medical expenses, lost wages, and rehabilitation costs associated with work-related injuries. Importantly, this coverage can often extend to secondary injuries as well, as long as a clear link can be shown between the original injury and the secondary issue.

To qualify for compensation for secondary injuries, the worker must demonstrate that the new condition directly resulted from the primary injury. This can often require clear medical evidence and possibly even expert testimony to establish this proof of causation. Workers who encounter challenges in proving this connection may benefit from legal assistance to navigate the complexities of the claims process.

Common Examples of Secondary Injuries

Secondary injuries take many forms, including physical, emotional, and psychological conditions.

Some common examples include:

• Overuse Injuries: When an injured limb or joint leads to strain on another part of the body, such as developing tendinitis in the opposite arm while recovering from a shoulder injury.
• Surgical Complications: Infections, blood clots, or other complications arising from treatment for the initial injury.
• Chronic Pain: Persistent pain that develops as a result of the initial injury.
• Mental Health Conditions: Depression, anxiety, or post-traumatic stress disorder (PTSD) linked to the trauma or challenges associated with the original injury.

Proving Secondary Injuries in Maryland

If you’re a worker who’s seeking compensation for a secondary injury, you’ll need to establish that the condition resulted directly from your original work-related injury. This can be a complicated process that involves gathering confirming evidence, such as:

• Medical Records: This detailed documentation from healthcare providers can show the progression leading from the original injury to the secondary condition.
• Expert Opinions: Testimony given by medical professionals who can speak to the causal relationship between your two injuries as professionals.
• Personal Documentation: It’s important to record your symptoms, treatments, and any impact on your daily life to help establish the causation and progression of the injuries.

The Maryland Workers’ Compensation Commission (WCC) evaluates these claims on a case-by-case basis. Clear and compelling evidence strengthens the likelihood of a successful claim.

 Secondary Injury Claim Challenges

Getting compensation for a secondary injury isn’t always straightforward. Your employer and insurer may try to dispute your claim, arguing that the secondary condition is unrelated to the first workplace injury or stems from a pre-existing condition.

Delays in reporting secondary injuries can lead to complications in the claims process as well.

If you’re facing these challenges, it’s vital to act quickly, clearly document your symptoms and seek medical attention. Prompt action not only supports your claim but also ensures that you receive timely treatment, reducing the risk of further complications.

The Role of Legal Support

Navigating a secondary injury claim in Maryland can be daunting, especially when there are disputes to a claim.

Consulting with an experienced attorney can provide valuable guidance. Attorneys can help gather necessary evidence, represent workers in hearings before the WCC, and negotiate with insurers to secure fair compensation.

Legal representation becomes particularly critical in cases involving:

• Denial of your claim
• Disputes over the causation of your secondary injuries
• Complicated medical issues and evidence

At Belsky & Horowitz, LLC, we understand how secondary injuries can significantly impact your recovery and quality of life.

Fortunately, Maryland workers’ compensation laws will often provide coverage for these types of conditions, creating a much-needed lifeline for injured workers. By understanding the claims process, gathering convincing evidence, and partnering with legal professionals, you can greatly simplify the pursuit of the compensation you and your family deserve.

If you’ve experienced a secondary work injury, you must act quickly to protect your rights and secure the support you’ll need to make a full recovery.