Do you have a pre-existing injury and wonder whether you should hire a personal injury attorney? In this article, we’ll help you understand why hiring a personal injury attorney is advisable.
Injuries can occur to anyone. Maybe you were involved in a car accident that left you with a nasty back injury, or you broke an ankle while participating in your favorite sport or outdoor activity. Regardless of the cause, you probably spent weeks or months treating and nursing your injuries. But now, thankfully, you’re back at work.
Should you disclose your pre-existing injuries to your new employer? Is there any chance your new duties will aggravate your existing condition? Or, has a new accident on the job worsened the condition? Here’s how a personal injury attorney can help you navigate these issues:
Get Professional Help When Claiming Aggravation of Pre-existing Injuries
If you’ve dealt with insurance claims before, you know how difficult the insurers can get. You pay your premiums month in and month out, but when their turn to honor the contract comes, their only interest is to look out for their bottom line. As such, if your current work has aggravated your existing condition or led to a second injury, your employer’s workers’ compensation should take care of your medical expenses and lost wages.
It’s never that easy, though. You need a personal injury attorney to help you provide all the relevant details, including dates you sustained your existing injury. A slight error or omission of a crucial detail can bring the validity of your claim to question.
A Personal Injury Attorney Will Level the Playing Field
Filing a compensation claim is the first move in a battle that is only won when your employer’s insurance company approves the claim. The employer’s insurance company will be represented by aggressive lawyers whose primary aim is to poke holes in your claim and find ways to reject it, or to pay out much less than you’re seeking.
Against them, you stand little chance. However, with an experienced, equally-aggressive personal injury attorney on your side, you’ll be playing on a level field. Your lawyers can counter the employer or insurer responses with facts, and they won’t rest until the insurer agrees to pay the compensation you deserve.
Suing If an Employer Abdicates Responsibility
If your prospective employer requires you to disclose present injuries, you must do so. If they hire you, however, they are required to take you as they found you (with your pre-existing injuries). They’re also legally required to make reasonable workplace accommodations to prevent aggravation of the injury. If they don’t, you can sue.
For instance, if you suffer chronic back pain as a result of a previous work injury and your current employer assigns you duties that worsen the back pain, you can sue for compensation.
A personal injury attorney will evaluate your claim and let you know whether suing the employer is the best decision. Sometimes a compromise can be reached between an employer and an employee without going to court. If suing is the best option, your attorney will lead your charge in court and help prove your employer abdicated their responsibility.
Time to Hire a Personal Injury Attorney
Accidents do happen. When they leave you with an injury, it shouldn’t be the end of the world.
Even with your pre-existing injuries, you can still march on and fulfill your career and life’s goals. However, you must not get into jobs that worsen your existing conditions. Should it happen and the fault be on your employer, however, you should seek second injury benefits.
To schedule a free initial consultation with experienced personal injury lawyers, call Domnitz & Domnitz, S.C. We have the resources to provide top-notch representation in a wide variety of legal issues. Contact our Milwaukee personal injury attorneys online or call 414-289-0909 today for a free consultation and review of your legal rights from respected Milwaukee attorneys.