Ocean Springs Longshore Injury? Watch Out for This Medical Treatment Trap! (Before You Hire a Lawyer!

Hey there, Mississippi Longshore warriors!

Captain Jay here, your Ocean Springs lawyer looking out for your best interests. We all know the dangers of working on the mighty vessels that Ingalls Shipyard and other Mississippi giants churn out.

But what happens when you get hurt on the job, and then the treatment for that injury throws another wrench into your recovery?

Here’s a fact most longshoremen don’t know: subsequent injuries caused by medical treatment for your original work injury might be compensable under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

That’s right, even if the doctor’s trying to help, the treatment itself could land you with additional medical problems.

Now, before you panic and dial the first lawyer you see (hold on, there’s a better way!), let’s break this down.

We’ll dissect a recent case and see why navigating subsequent injury claims requires a strategic approach, not just any legal muscle.

The Case of the Back Injury and the Weight Gain Nightmare | Mississippi Longshore Subsequent Injury

Imagine this: you’re a hardworking longshoreman, and a nasty accident at work leaves you with a back injury. The doc prescribes steroid injections to get you back on your feet.

But here’s the kicker: those injections have a nasty side effect – weight gain. In this specific case, the weight gain allegedly led to heart problems for the injured worker.

Sounds like a double whammy, right? Here’s where things get interesting. The injured worker claimed the Longshore Harbor & Workers’ Compensation Act should cover the heart problems because they stemmed from the original back injury treatment.

The Legal Catch For A Mississippi Longshore Attorney: Proving “Natural and Unavoidable” Consequences

The court, however, threw a wrench in those plans.

There’s a legal concept in Longshore cases called the Section 20(a) presumption.

It basically gives you a leg up in proving your original work injury. But guess what? This presumption doesn’t apply to subsequent injuries caused by medical treatment.

Here’s the new hurdle: you, the injured worker, now have to prove, with solid evidence, that the heart problems were a “natural and unavoidable” consequence of the steroid injections for the back injury. That’s a lot tougher than just saying, “Hey, this all started with the work accident!”

So here’s the legal mumbo-jumbo from the Court:

Section 20(a) is a statutory presumption and it applies only to the initial back injury claim made.  U.S. Indus./Fed. Sheet Metal, Inc. v. Dir., OWCP, 455 U.S. 608, 613 (1982). Therefore, if an injured worker has a subsequent injury, he or she must prove by substantial evidence that the secondary condition “naturally or unavoidably” happened from the first injury. See 33 U.S.C. §902(2).

As a result, the question is whether an injured worker’s medical condition (in this case the heart problems) “naturally or unavoidably” happened due to the medical treatment (in this case the steroid injections for the back).

So, Can You Recover for Medical Treatment Injuries?

Absolutely!

But winning your case hinges on proving that the subsequent injury (like the heart problems in our example) was a direct and unavoidable result of the medical treatment for the original injury.

This is where things get tricky. You need a legal game plan that goes beyond just showing up in court.

Here’s Why Hiring An Expert Lawyer Matters | LHWCA Subsequent Injury Claim

Gathering Evidence: Legal eagles know how to dig deep and gather the medical records, expert opinions, and other evidence to prove the “natural and unavoidable” connection between the treatment and the subsequent injury.
Negotiation Prowess: A skilled lawyer can negotiate with the insurance company to get you the compensation you deserve, without the hassle and stress of going to court.
Understanding the System: The LHWCA can be a complex maze. A lawyer who specializes in Longshore cases knows the ins and outs, protecting your rights every step of the way.

But Captain Joe, What About My FREE Book?

Hold on, my friend! Before you even think about hiring a lawyer (and yes, sometimes you won’t need one!), grab your free copy of my book, Top 5 Mistakes That Can Wreck Your Mississippi Longshore Case. This guide is packed with valuable information to help you navigate the initial stages of your injury claim.

Remember: Knowledge is power, especially when it comes to protecting your rights and getting the compensation you deserve.

Here’s the Bottom Line:

Mississippi Longshoremen deserve fair treatment, especially when their injuries are compounded by medical issues arising from treatment. While navigating subsequent injury claims requires a strategic approach, don’t feel pressured to jump straight into hiring a lawyer. Get informed first with my FREE book!

However, if your case seems complex or the insurance company isn’t budging, that may be when it’s time to call in a Longshore legal expert like myself.

Remember, I’m here in Ocean Springs to fight for your rights. But before you make any decisions, empower yourself with knowledge. Click on Top 5 Mistakes That Can Wreck Your Mississippi Longshore Case and grab your free book today, and let’s get you back on track!