Content reviewed by:
Alex Shulman
If work is making your injury worse, you may be able to have your return-to-work status re-evaluated. When even light duties are causing pain, you may be worried about what that means for your workers’ compensation claim. It’s still important to put your health first.
A New Yorker workers’ compensation lawyer can help you understand the next steps for your injury and your claim.
What If Your Injury Gets Worse After Returning to Work?
If your injury gets worse after returning to work, you have legal options. After a workplace injury, you’ll be evaluated by a doctor before returning to work. Your employer may allow you to return to light duty, restricted work, or even your regular amount of work.
However, injuries are often on their own timeframes, and repetitive or heavy work duties can worsen them even if you thought you were healed (or healing). If this happens, you will need to follow up with your workers’ compensation doctor, among other steps.
When Should You Seek Medical Care if an Injury Gets Worse After Returning to Work?
You should seek medical care as soon as possible if an injury gets worse. This protects your health, prioritizes your recovery, and also helps protect your legal rights.
Your doctor will do an examination to determine how and why the injury was aggravated. They may also determine whether an additional diagnosis is needed. It’s important to note that, whenever possible, you should see the doctor whom you are authorized to see under your workers’ compensation claim.
Your doctor will make a recommendation based on their examination. It will likely be one of these three outcomes:
- To take you out of work completely.
- To change your work restrictions, for example, if you had returned to normal work, they may recommend that you be put on “light duty” instead.
- Leave your work status as is.
Does light duty reduce your workers’ compensation benefits? Yes, it may. It’s best to discuss the changes with your attorney to ensure you fully understand what benefits you are entitled to.
Will Your Workers’ Compensation Benefits Continue If You Are Re-Injured at Work?
Yes, typically you can resume medical and temporary income benefits if you are re-injured at work or if your original injury is worsened. However, there are some cases where you may be ineligible to continue getting workers’ compensation benefits. Talk to your lawyer about your concerns, and they can explain your legal options.
When Should You Report the New or Worsened Injury to Your Employer?
Again, you should do this as soon as possible. Make sure you notify your employer in writing so that there is an official record of having done so.
You should:
- Be specific about which tasks triggered the pain.
- Note the exact date and time of the injury, as well as the location.
What If Your Employer Refuses to Change Your Work Duties?
If your employer refuses to change your work duties, even after a re-injury, you can refuse to do them without penalty. A workers’ compensation lawyer can protect your legal right to refusal and push back against non-compliant employers.
When Should You Re-Open Your Workers’ Compensation Claim?
If your condition has deteriorated, you may be eligible to file an Application to Reopen a Closed Case with the New York State Workers’ Compensation Board. To do so, you will need to:
- Gather the appropriate documentation, such as your doctor’s new evaluation report.
- Complete the RB-89 form, which your lawyer can help with.
- Send the application to all involved parties, such as your employer and the workers’ compensation insurance provider.
- File the form officially with the New York State Workers’ Compensation Board.
How Can a Workers’ Compensation Lawyer in New York Help With Your Claim?
Having a worsened injury can feel like you’re starting over from scratch. A lawyer helps you to gather all needed documentation, ensure that forms are filled out correctly and filed in the appropriate manner, and will fight for your legal rights.
They can also help with situations like:
- Requesting a one-time change of doctor if you would like a second opinion.
- Requesting disability classification, if the worsened injury may prevent you from returning to work entirely.
- Handling the appeals process if your claim is denied.
What If Your Injury Gets Worse After Returning to Work and You Are Unable to Continue Working?
With some injuries, re-aggravating them can result in a worse injury over time. When this happens, you have several long-term options. These are:
- The New York Workers’ Compensation Board can help you with vocational rehabilitation.
- Under certain circumstances, you may be entitled to permanent disability wage-replacement benefits.
- You may be eligible for Social Security Disability benefits.
Contact a New York Workers’ Compensation Attorney Today
What if your injury gets worse after returning to work? When it happens, a New York workers’ compensation lawyer can help protect your legal rights to benefits. You shouldn’t have to be in pain at work.
We can help you with the next steps, from filing to reopen your claim to handling communications with employers.
At Shulman & Hill, our legal team fights for every worker. We work on a contingency fee basis, so there are no upfront costs to having us take on your case. Contact us today to get started with a free initial consultation.
