Secondary Injuries in California Workers’ Compensation
When you’re injured on the job, your primary focus is often on healing the original injury. But sometimes, new medical problems arise that stem from or are exacerbated by that original injury. These are known as secondary injuries, and in California workers’ compensation cases, they are just as important as the initial injury itself. Understanding what secondary injuries are and how they are treated under California law is crucial to making sure you receive full and fair compensation. For help pursuing the compensation you are owed under the law, contact Invictus Law, P.C., at our offices in Orange and Ontario to speak with a California workers’ compensation attorney serving injured workers throughout Orange County and the Inland Empire.
What Are Secondary Injuries?
A secondary injury is a medical condition that develops as a direct result of the original work-related injury or from the treatment for that injury. These injuries can occur weeks, months, or even years after the initial incident. Secondary injuries may involve new parts of the body, mental health conditions, or complications from surgery, medication, or prolonged immobility.
Examples of secondary injuries include:
- A worker injures a knee and later develops back pain from favoring the injured leg.
- A shoulder injury that leads to carpal tunnel syndrome due to altered use of the arm.
- An adverse reaction to medication prescribed for the original injury.
- Depression or anxiety stemming from chronic pain or inability to return to work.
These conditions are considered part of the overall injury claim if they can be shown to be a consequence of the work-related injury or its treatment.
Legal Recognition of Secondary Injuries
California workers’ compensation law acknowledges that secondary injuries are compensable. If your initial injury is accepted as work-related, and you later suffer from a related medical problem, you are generally entitled to medical treatment and benefits for the new condition as well.
To qualify for compensation, the secondary injury must be properly documented and supported by medical evidence. This includes clearly linking the condition to the original injury or treatment. Physicians often play a key role in establishing this causal connection, and their reports are crucial to the success of your claim.
Why Secondary Injuries Are Often Contested
Insurance companies and employers may dispute secondary injuries, arguing they are unrelated to the original workplace incident. This can happen when for instance:
- The new symptoms appear long after the initial injury.
- There is a lack of clear medical documentation linking the conditions.
- The worker has a pre-existing condition that insurers claim is the real cause.
Because of this, claims involving secondary injuries often become more complex and may require a Qualified Medical Evaluator (QME) or an Agreed Medical Evaluator (AME) to weigh in. An experienced workers’ compensation attorney can be instrumental in coordinating the right evaluations and gathering the necessary evidence.
Impact of Secondary Injuries on Disability Ratings and Benefits
Secondary injuries can significantly affect your permanent disability rating. For example, what might have been considered a moderate injury with a 10% rating could escalate to a much higher percentage once secondary injuries are considered. This can increase the duration and total value of your permanent disability benefits.
Additionally, secondary injuries can affect your ability to return to work, qualify you for vocational rehabilitation benefits, or even lead to a total permanent disability finding in some cases.
Importance of Prompt Reporting and Documentation
To protect your right to compensation for a secondary injury, it is essential to report new symptoms to your doctor as soon as they arise. You should inform your treating physician about any changes in your condition and request medical documentation that connects the secondary injury to the original one. Next, notify your employer or claims administrator about the new symptoms. Delays in reporting or lack of documentation can make it harder to get secondary injuries recognized as part of your workers’ compensation claim.
How Invictus Law, P.C. Can Help
At Invictus Law, P.C., we understand that the road to recovery from a workplace injury isn’t always straightforward. Secondary injuries can complicate your medical situation and your legal claim. Our experienced team is here to ensure that all aspects of your injury are taken seriously and fully compensated.
Whether you’re dealing with chronic pain, psychological effects, or complications from medical treatment, we can help you build a strong case for benefits. If your claim is denied or challenged, we will advocate for you through the QME or AME process and, if necessary, represent you in hearings before the Workers’ Compensation Appeals Board.
Call Us Today
If you’ve experienced a secondary injury related to your job in Orange County or the Inland Empire, don’t leave your health or your compensation to chance. Contact Invictus Law, P.C., today for a free consultation. We’ll make sure you understand your rights and help you pursue the full benefits you are entitled to under California workers’ compensation law.
