Workers Comp 101: Consequential Injury

The Law Offices of Joseph A. Romano, P.C. on Monday, January 22, 2018.

Consequential Injury is a result of a Workers Compensation injury . Be sure to check out our other Workers Comp 101 articles with topics like Schedule Loss of Use and Settlement Information. Remember every case is different. If you have questions specific to your case please contact our firm.

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Consequential Injury/Condition

A consequential injury is an injury that occurs as a result of the original workers' compensation injury. Consequential injuries include both physical and psychological conditions. For example, a claimant who cannot work and is forced to stay at home may become depressed. In that case, depression is a consequential injury to the claimant's workers' compensation case.

Another example we see often is a claimant with a knee injury that causes him to ambulate with an altered gait may develop a consequential injury to his other leg or back.

A claimant is entitled to the same benefits for a consequential injury that he or she is entitled to for an original injury once it is established.

In order to establish a consequential injury or condition you must have supporting medical evidence (PFME). In this case, PFME means medical reports that give a statement of causation that relates the consequential injury or condition to the original. The report must also include all the other elements of PFME.

Amended Injury/Condition

If a claimant has a site that was not claimed at the inception of the claim, but is a direct result of the workers' compensation accident, we can ask the court to amend the claim to include the site of injury or condition. This injury or condition is not considered a consequential site of injury because it does not arise from the original injury; instead, it arises from the original accident.

For example, a claimant that fell down the stairs at work and had multiple injuries might only claim the neck as a site of injury at the beginning. This may happen because the neck injury was the most pressing. As he is receiving treatment for the neck and that is alleviating his pain, the claimant may notice that he also has injuries to his shoulders and his back. The injury to the claimant's shoulders and back are a consequence of falling down the stairs. We should,  therefore, send an RFA to amend the claim to include the shoulders and back as these sites are caused by the original accident and are not a consequence of the original injury.

Consequential Injury Workers Compensation

**This information is based on New York State. Each state may be different. This blog post is for informational purposes. Your specific circumstances may vary from the information provided. Every case is different. Prior results do not guarantee future outcomes. The contents contained in this post do not establish an attorney-client relationship. Please contact us before sending confidential or time-sensitive material**

Tags: workers' compensation, workers comp 101, injury, medical

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