WORKERS’ COMPENSATION: CASE SETTLED, BUT THE INJURY GETS WORSE?

If your workers’ compensation case is resolved by way of a Stipulation and Award with future medical care open or Findings and Award with future medical care open, and the work related injury becomes worse, you can seek medical care. You should report this to your supervisor and ask to see a doctor. If you require emergency care call 911 or go to an emergency room. If you do not require emergency or urgent care, ask your employer to send you back to the doctor or their clinic. If they refuse, it is advisable to call an attorney to assist you in obtaining authorization to go back to the doctor. Should your injury get worse and the doctor finds that you have “new and further disability” within 5 years of your original injury, you can file a Petition to Re-Open your case and seek additional permanent disability over the amount of disability that your resolved your case for. Again, contact an attorney to assist you with this because the Petition to Re-Open has to be filed with the Workers’ Compensation Appeals Board and there are time limits.

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