In California, workers’ compensation laws are designed to provide medical benefits, wage replacement, and disability benefits to employees who sustain injuries while on the job. This coverage extends to a wide variety of injuries, including secondary. 

The law ensures that employees who suffer from work-related injuries, even if these injuries result from pre-existing conditions or develop gradually, are entitled to compensation. 

A secondary injury occurs when an employee suffers a new injury because of a previous, work-related injury. For example, if an employee injures their back at work and, trying to compensate for the pain, develops a knee injury from altered walking, the knee injury may be considered secondary. 

To qualify for workers’ compensation for a secondary injury, the employee must prove that: 

• The secondary injury was caused or exacerbated by the primary injury. 

•  Documentation from healthcare providers must confirm that the secondary injury resulted from the original work injury, including medical records and expert testimony.

In California, when seeking workers’ compensation for secondary injury, an employee’s responsibilities are as follows: 

1. Report the Injury: Report your injury to your employer right away in order to start all compensation benefits as quickly as possible.

 2. Seek Medical Treatment: It is essential to seek treatment with a medical provider of your employer’s choice and keep the medical records and all appointments pertaining to injuries sustained. 

3. File a Workers’ Compensation Claim: Submit a Form 1 Claim for Job Injury to your employer to file a claim for compensation for your work injury. 

4. Provide Documentation: Provide all medical documentation, treatment plan, and independent documentation supporting your work-related injury. 

It is generally difficult to establish causation between an injury and work activity, particularly for those with chronic conditions, as the injury may not have been caused directly due to work. Your employer’s insurance may question this. Having a strong medical record to support your claim is key, A good attorney also will be of great assistance when pursuing your claim. 
An attorney can advise you on the claim process, gather the necessary information to provide you, assist with the necessary medical documentation all the way to negotiating a settlement with the insurance company, processing appeal documentation, and even represent you in hearings.