Video Transcript
If you had a prior back injury—say, a strain or sprain from nine years ago—and haven’t had any problems since, but now you’ve suffered a new back injury at work, your employer may try to argue that it’s related to that old injury.
There are a few reasons they might do this. One is financial. Payments for workers’ compensation benefits are based on the year of injury, and the statewide average weekly rate increases each year. So if you’re earning more now than you were nine years ago, your benefits would be higher for a new claim. By tying it to the old injury, the employer can reduce the amount you’re paid.
Another reason is that workers’ compensation operates much like an insurance policy. Just as your auto insurance rates might go up after an accident, an employer’s workers’ compensation rates can increase when claims are filed. However, after about five years, an old injury no longer affects their rates.
That gives employers an incentive to argue that your current problem is from an older claim—they avoid rate increases, and the cost doesn’t count against them.
While the advantage for you is that treatment might be approved more easily, the disadvantage is significant: your compensation rate will be much lower. If you’re earning more money now, you don’t want your benefits calculated based on what you made nearly a decade ago.
For more information about workers’ compensation claims in Ohio, contact Monast Law Office for a free consultation.
