If you have a previous injury but then get hurt at work again, can you still get treated and file for work comp?

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If you have a previous injury but then get hurt at work again, can you still get treated and file for work comp?

Asked on November 11, 2010 under Employment Labor Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you would file a separate workers' compensation claim for each injury.  If the injuries involved different parts of the body, they would clearly be separate claims.  If you re-injured the same part of the body, it may be construed as a continuation of the original claim as it may be difficult to determine whether it was a new injury or just exacerbation of the original injury.


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