Q: is workers compensation responsible if you reinjure yourself while you are still off work?
I hurt myself at work and had surgery.(rotator cuff) I was coming along good; going through therapy but still not 100%. I reinjured myself doing a simple task at home and think I re-tore my rotator cuff again. Is workers compensation responsible since it was an injury from work and I was not totally healed or back to work?
A: This is not a simple yes or no question. If your doctor is willing to provide an opinion that this injury is the same as your original injury or naturally arose from your initial injury, you have an argument that it should be covered. On the flip side the carrier certainly has an argument that this is a new and distinct injury that is not their responsibility. In all likelihood you will have to litigate this issue before a workers' compensation judge, so if you have a lawyer, you should make him/her aware of this twist, and if you do not have a lawyer, you should seriously consider getting one.
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