Is it the law that any previous injury excludes you from worker’s comp?
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Is it the law that any previous injury excludes you from worker’s comp?
I lightly injured my upper right hand gardening at home. Then 3 months later, I took a very labor intensive job as stock manager. I wore a brace to protect my hand. After 3 weeks on the job I seriously injured my wrist and it is now immobilized, so I went to the emergency room thinking it was broken. They told me its likely a torn ligament and put me in a cast until I can go to a specialist. I called work to report it and say I can not return to work at this time. They are now saying this was not work related and they will not help me. Is this possible seeing my wrist is the result of hard labor at work even though I did sprain it three months ago?
Asked on December 4, 2012 under Employment Labor Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You are NOT automatically excluded from workers' compensation due to a previous injury. The medical reports will determine what caused your wrist injury. Since your employer is denying your workers' compensation claim, it would be advisable to speak with a workers' compensation attorney.
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