What happens if you have two work injuries in a row? If you sustain two work injuries in a row, your workers’ compensation claim is likely to be complicated and may be denied if you do not seek compensation carefully. You will need to determine if the second injury is a new injury or a continuation of the first.
If the second injury is a worsening of your first injury, it will be filed under the first claim. If it is completely separate, you may need to file a second claim. Working with a Las Vegas workers’ compensation lawyer in complicated cases like this can prove to be critical. Here is what you need to know after these accidents.
Determine the Type of Injury Sustained
The first step in this type of case is to understand where the injury occurred and why it happened. It is necessary to determine whether the injuries result from a recurrence of the first injury or a new aggravation. This impacts how your case is handled.
In cases of recurrence, that means your original symptoms come back, or you experience a flare-up from that incident. You do not have a new, distinct workplace event separate from the original injury. It is a worsening or recurrence of the same injury or further complications of it.
Alternatively, you may have an aggravation, a new, separate workplace event that makes your existing injury worse. This also applies if your incident causes a new injury to the same body part. In this situation, you will need to file a new claim with the employer responsible. Nevada workers’ compensation laws govern these situations a bit differently.
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Handling Multiple Work Injuries
If you have more than one injury that happens at work, no matter if it is at the same job or at different jobs, it will be critical to accurately report the accidents and seek a claim within the very specific workers’ compensation rules.
The first thing to note is that you must inform your employer in writing of the accident within seven days of it occurring. Then, consider the following example situations:
- You have consecutive injuries: As noted, this means the second injury is making the first one worse or stems from an earlier work injury. This follows the Last Injurious Exposure Rule (mentioned in a moment). It dictates which employer’s insurance maintains responsibility for the entire claim.
- You have pre-existing conditions: If you have a prior injury, including one from a different job, and you then suffer a subsequent injury that compounds the first, both injuries, along with their combined effects, must be taken into consideration.
- You have second job earnings: If your injury limits you from working any of your jobs, your claim adjuster must calculate your average monthly wage based on the income you have from all employers, not just one.
The complexity of these claims requires speaking with a workers’ compensation attorney for additional guidance and support. Your attorney will gather evidence to justify what occurred, who is at fault, and what actions must be taken to provide you with access to compensation. There are various scenarios that may apply to your situation.
Understand the Last Injurious Exposure Rule
This legal principle applies in most workers’ compensation cases. It holds that the final employer or insurer is responsible for a worker’s compensation injury or disease. This applies if the exposure could have caused the condition. The objective is to simplify liability to help avoid more complex calculations of who is at fault and who must take responsibility.
In short, the employer you have at the time of the last exposure that could have contributed to the disease or injury maintains full liability for all of the compensation owed to you, even if you were hurt earlier on another job. That applies even if you had greater exposure at a previous place of employment.
Most of the time, this applies to occupational diseases rather than to injuries such as lacerations or broken bones. These typically apply in situations where the injury can develop slowly over time, such as diseases related to asbestos or silicosis exposure. Depending on the injury you have, this rule may apply to your case.
Work Injuries and Successive Employers
This is really complicated, with two injuries and successive employers. When this happens, the Appeals Officer typically has to make a ruling of law that the employer is responsible for the injury. The question we all ask is whether the injured worker has had a recurrence of the first injury or an aggravation resulting in a new injury.
If it is a recurrence, then it belongs on the first injury, while an aggravation would belong on the second injury. This is a very tricky area of the law, so it is very important to obtain Counsel for BOTH claims. Often, employers will simply blame each other, which is why the Appeals Officer must make the decision.
In Nevada, there is something called the Last Injurious Exposure Rule. Like many areas in Workers’ Compensation in Nevada, the Last Injurious Exposure Rule is unique to each and every case, and requires careful evaluation by an experienced lawyer to ensure you are in the best position possible for securing the compensation and benefits you need.
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Injured While Working for Two Employers
Another situation that may be applicable in your case occurs when you suffer an injury, and you are working with two employers, a legal process called concurrent employment. You will file a workers’ compensation claim with the adjuster representing the employer where the injury took place.
In these situations, your workers’ compensation benefits are not just based on the income you receive from that employer, though. Rather, you will have the right to claim compensation for your losses for all hours you work. For example, if you work 30 hours with one company and 20 hours with another, your wages are calculated at 66 ⅔% of your combined earnings from both jobs.
In situations where you can return to work but only on light duty, the process can become more complex. The employer from the second job, where the injury did not occur, may not provide light-duty work. This can complicate the claims and recovery process, especially if your injuries are significant and limitations are challenging to meet.
What to Do to Seek a Claim
Those hurt at work must report their injury to their employer within 7 days of the incident, and the report must be submitted in writing. You must do this for each injury you have, even if you have two separate injuries. Do this as soon as possible, and not necessarily a week later. This allows for the initial phase of research to begin.
You will be able to seek medical care from a workers’ compensation-approved provider to help with your injuries. You should seek medical care immediately and, when there, alert the medical provider that your injuries happened while you were working. You will then have 90 days from the date of the accident to file a claim with the workers’ compensation adjuster for your injuries and losses.
Be sure to provide a comprehensive list of your ailments and injuries, as well as all income you received during the weeks leading up to this accident, including income from other forms of employment you had. This information will then help calculate your average income over the last few months.
Know What All of Your Workers’ Compensation Benefits Are
If you have injuries from one or two work accidents or exposures, it is up to you to seek compensation for all of your losses. Every situation may be a bit different, making it a good idea to work closely with a workers’ compensation attorney in Nevada to build a comprehensive claim.
Depending on the situation, you may be owed the following types of support, according to the Employee Guide to Workers’ Compensation:
- Medical expense coverage: You will be eligible to file a claim that includes all of the medical expenses you have related to your accident and injuries. This includes current and future medical costs for care you need from a qualified professional for treatment of your injury.
- Lost wages: You may be eligible to seek lost wages if you miss five or more days of work due to your injuries. The initial five days do not receive recovery of lost wages unless you miss at least 15 days or more. Once you qualify for lost wage recovery, you can receive temporary total disability at a rate of 66 ⅔% of the average weekly earnings you had most recently.
- Permanent disability benefits: In situations where your injuries created a permanent inability to work, you may be able to seek permanent benefits, meaning you would continue to receive benefits ongoing. This process requires demonstrating that you cannot work at any job as a result of your injuries.
- Vocational rehabilitation benefits: Some people may be able to return to work but may not be able to do the same type of work they did due to their new limitations. In these situations, you may be eligible to receive vocational benefits or funds paid to help train you in a new area so you can go back to work.
- Death benefits: If your family member loses their life as a result of their workplace injury, the family can claim death benefits, paid to help cover the losses suffered by the family and estate.
In each of these cases, it is beneficial to have a workers’ compensation attorney by your side to help you navigate your rights. When there are two or more injuries in a row, there will be a great deal of questions and concern over the cause of your injuries and who is at fault. With your attorney, you can make it clear who should be paying for your losses.
Filing a Claim if You Have More Than One Employer
In situations where you have two or more jobs, it is important to communicate openly with all of your employers about the injury. That means contacting the workers’ compensation insurance company for each employer to report the incident.
Follow these steps to ensure you can receive all of the benefits owed to you:
- Submit a claim that clearly documents your injuries. This includes photos and video of the injury as well as any footage of the incident itself.
- Gather statements from all witnesses who were present and can attest to your accident being work-related and occurring while on the job.
- Alert your employer to your injury or illness right away, at the time of the incident when possible, or at least within the seven-day requirement.
- Get medical care from a workers’ compensation-approved provider and follow all guidance from that provider on completing your care.
- Inform all employers of your injuries and your inability to work. Complete Form C-4 as the next step.
You will need to follow up with all of your employers and the workers’ compensation insurance companies to ensure accuracy. If there are disputes, having an attorney available to help you can be critically important.
Set Up a Consultation to Discuss Your Accident and Injuries
Victims of more than one workers’ compensation-related injury will benefit from legal support. Without it, you put yourself at a high level of risk for not receiving fair treatment under the law.
Your attorney prevents that. Speak to a Las Vegas workers’ compensation lawyer at Shook & Stone Injury Lawyers before taking any other action. They are there to help you get what you deserve.
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