What to Do If Your Condition Gets Worse After Settling Worker's Comp

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What to Do If Your Condition Gets Worse After
Settling Worker's Comp

• By - Gaylord and Nantais

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• Once you have received your diagnosis and
  treatment plan for a worker's compensation
  injury, it doesn't always mean that you won't
  have problems in the future.
• If your injury worsens or new problems begin to
  appear as a result of the original condition, you
  may have recourse to reopen or modify your
  existing case.

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Reopen Your Case

• Even if your original diagnosis was accurate,
  there are cases when the injury may continue to
  worsen.
• The pain can intensify or become chronic. If this
  occurs, reopening your original case is the way
  to go.
• You will file a claim to reopen the original case
  and add that these symptoms and issues are a
  continuation of the first injury.

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New Injuries

• If problems begin to occur after your original
  case has been closed, you may be able to reopen
  it if you can prove the new problems are directly
  related to the original injury.
• To file a new worker's compensation claim, your
  doctor must submit a new diagnosis that directly
  relates the new medical problems to the original
  injury.

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Full and Final Releases

• If you agreed to a lump sum payment or signed a
  Full and Final release when your first case was
  closed, you will not be able to refile or reopen
  the original case.
• Most worker's compensation attorneys will
  recommend against signing a Full and Final
  Release for this reason.
• These releases close the case permanently and
  also restrict your ability to refile if you have
  future complaints due to the original injury.

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• If you have a new injury or further cumulative
  trauma related to continued exposure causing
  additional disability in addition to the
  previously settled disability, you may be able to
  file a new claim.
• The doctors will have to apportion between the
  successive injuries on a percentage basis.

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Have any questions regarding Work Injury
Compensation? Call Us at (562)
424-9967 or Visit our website www.gaylordnantais
.com