If you are re-injured after returning to work after a workers’ compensation injury, you should immediately report the incident to your supervisor or follow the appropriate notice requirements for your place of work.
Once the re-injury is reported, seek medical treatment with your workers’ compensation doctor so that there is a written medical report of the incident. It will be up to your doctor to determine whether you have a new injury or an exacerbation of the prior work-related condition. Your doctor will also need to decide whether you can work despite the re-injury or provide you with new or revised work restrictions. Consult with a workers’ compensation attorney to determine the best course of action regarding filing a new workers’ compensation claim and pursuing further lost time benefits. It is often important to file a new compensation claim proactively, even if it turns out that the new injury will be considered an exacerbation of a prior condition. It is also an option to reopen an old claim due to re-injury.
Even if your previous workers’ compensation application was denied, aggravating a previous injury could represent a substantial change in medical circumstances and qualify you for additional benefits.
Depending on the medical evidence, litigation may be necessary to receive the full benefits you are owed. This litigation ultimately results in a decision by the Workers’ Compensation Law Judge as to the compensability of the new claim.
If you’ve recently taken time off work due to a workers’ compensation injury, note that the risks of re-injury for a variety of injuries can be very real. Getting re-injured, especially after returning to work too early, can derail your career, lead to job loss, and result in chronic health problems.
While employers are legally permitted to replace you while you are out on workers’ compensation, most would prefer to avoid hiring and training a new employee if possible. Don’t feel pressured to go back to work before you are ready and have your doctor provide suggestions as to how you can safely return to work. The Workers’ Compensation Board encourages employers to accept a healthy employee’s return to work with modified duties.
If you believe you are owed workers’ compensation benefits due to a new or previous injury at work, contact the helpful attorneys at Lewis & Lewis for help building your case. Even if you’ve previously pursued workers’ compensation benefits, successfully or unsuccessfully, any change in your health status could result in a change to your benefits. Navigating workers’ compensation can be complex and deciding how to approach your claim could mean a substantial difference in the compensation you receive.
