What is the difference between a pre-existing injury and an intervening injury?

 

A:

In situations where you are injured on the job, deciding what kind of injury you have can be slightly confusing. Two kinds of injuries you have probably heard about are pre-existing and intervening.

A pre-existing injury means that when you began your job, you already had some kind of injury or medical condition, and that contributed to your on-the-job injury. For example, maybe you have some sort of heart disorder, and having to do some extremely heavy lifting in your job caused unusual strain, which caused you to have a heart attack. 

An intervening injury is another injury that happens after you've already been injured at work. For example, if you suffer a back injury at work, and then get hurt again while undergoing physical therapy for that condition, that would be an intervening injury. Another example might be if you have a repetitive stress injury and then another injury at work aggravates it, making your healing time even longer and more complicated. Or even worse, if your employer pressured you to come back to work too soon after an injury, and that hurt you even more, that would be an intervening injury. 

These injuries may be different, but there is one similarity—you should still receive workers' compensation benefits if you were injured at work. If there was a third party that played a part in your injury, you may also need to file a negligence claim against that person or entity, as well. Every situation is different, so it's important to speak with an experienced on-the-job injury attorney to make sure everything is being handled correctly. 

Call Austin on-the-job injury attorney Earl Straight for a free consultation today at 512-454-1331.