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Hiring Employees that are Already Injured

A person with a cast and a cane.

Over the last 4 years, I’ve had to deal with hundreds of claims with FXG (FexEx Ground) contractors and Independent Service providers. During that time, I’ve had a couple of workers compensation insurance cases that were very similar. Both cases involve employees that were hired after they sustained a workers’ compensation injury. Both cases also involved similar business transactions that, at the time, seemed like a good idea. Both of my clients purchased routes from another contractor, and then employed that contractor as a driver.
In the first case, the employee aggravated an existing injury. The original injury was less than a year ago. The same body part was injured during the normal course of life. That claim should be paid by the workers compensation insurance company that covered the original injury but it is not guaranteed.

The second case is a little different; the original claim was over 10-years ago. And, the employee states that there was recently a new incident that triggered the pain. It was the same body part that was injured in the first claim. This claim is likely to be paid 100% by the insurance company of my client, not the insurance company that covered the first claim.

Both clients now understand that when you hire an employee that already has an injured body, there is a likelihood that your insurance company may pay out on their injuries whether you think they should or not.

For more information on screening drivers and handling claims, please call out office 860 684 5270 or e-mail Brian O’Connor at BOConnor@ParadisoInsurance.com

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