by Lenin V. Perez
There are many types of consequential injuries that an employee may have and not know that they are covered by OWCP. A consequential injury is an injury or medical condition sustained off the job as a result of an employment related injury or illness. The logic of a consequential injury involves the chain of causation theory: If the second injury or medical condition is a result of an accepted OWCP injury then the second injury is a consequence of the original injury and the second injury would be accepted by OWCP.
An employee with a right foot, on-the-job injury who falls while not at work and the fall is because of the foot injury, which was accepted by the Office of Workers Compensation (OWCP), has sustained a consequential injury. As a result, whatever the employee injures during the fall becomes compensable whether the injury is to the same foot or any other body part(s) such as the back, neck, or arms.
Another consequential injury would be due to an already accepted work related injury such as a right knee injury which over the long term has caused a left knee or lower back injury because the right knee injury has caused the employee to favor the left leg. This left-leg favoring has caused the employee to change the way they walk which has resulted in left knee injury and has caused a long-term change in posture which has caused a lower back injury. Since both the left knee and lower back injuries are consequences of the original, right knee injury they are covered under and would be accepted by OWCP.
Employees who are travelling to or from medical treatment for their accepted OWCP claims and are injured in an accident during that trip will have their sustained injuries covered as consequential injuries. Injuries which are also covered as consequential injuries by OWCP are those which occur to the employee while they are receiving treatment for their OWCP accepted injuries. An employee who is in the hospital for an accepted OWCP injury and is injured during the stay (for example, falls out of bed) is covered for any new injures as well as any new conditions which the employee receives from the hospital stay (a contracted infection, for example). Union officers on leave performing union business who are injured are also covered by OWCP while performing union duties.
In order to file a successful consequential injury claim, the injured employee must write a detailed employee statement as to how the proposed consequential injury is related to the original injury. The statement must describe in detail how, when, and why the injury occurred and how it is related to the original injury. Next the injured employee must take this employee statement to their medical provider who must read the employee statement. Once read, the medical provider then writes a medical report which contains a definitive medical opinion regarding the proposed injury including medical reasoning showing how and in what manner the OWCP accepted injury, medical condition, or illness caused the consequential injury. As long as the original injury has caused the new condition(s) then the new condition(s) are covered by OWCP.
For a consequential injury, the employee should complete and submit a form CA-2A along with a copy of the medical report to the OWCP.
Call Federal Workers Compensation Consultants today for a free initial consultation at 813-931-1984
Federal Workers Compensation Consultants
Workers Compensation and Disability Retirement Specialists
9639 N. Armenia Avenue
Tampa, Florida 33612
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