An intervening injury is a secondary injury that aggregates a previous injury. If a worker has a work injury, then another incident (an intervening injury) makes your original injury worse, insurance carriers sometimes use that as an excuse to restrict medical treatment and limit wage loss payments for time away from work, as well as permanent disability benefits. Proving an intervening injury can be difficult, which is why the people of Charleston trust the injury lawyers at The Clore Law Group LLC.
If you are being questioned by your employer and the insurance carrier, you need to speak to an attorney who is thoroughly knowledgable of South Carolina workers’ compensation law and with these particular cases should be handled. The Clore Law Group in Charleston has protected workers’ rights for years. Call today and talk with an experienced Charleston attorney.
Two types of Intervening Injury
There are two different types of intervening causes:
• Dependent intervening injury causes are set in motion by the defendant and will usually not relieve the third party of liability.
• Independent intervening injury causes are events that arise totally independent of any action by the third party. If it is unforeseeable and causes the harm, it relieves the third party of liability.
A lot depends on how and why the injury occurred. For example, if while recovering from a workplace injury you suffered another injury from a recreational activity, this intervening injury and the resulting damage would probably not be covered by workers’ compensation. But if your back was injured during physical therapy needed due to an injury on the job, you likely will be covered. You would not have been in physical therapy if not for the original injury.
Intervening Injury Help
You need to know your rights, and the best way to do that is with a free consultation with a workers’ compensation lawyer. Call 800-610-2564 for a free case evaluation. You may also complete the e-mail form on this page and a representative from their office will be in touch with you shortly regarding your intervening injury.
