When you return to work after an injury, a single hard day can undo weeks of recovery. Pain can spike, and further movements can cause new damage. The law can still protect you if work activities aggravate a prior injury, but you will need to act fast and follow clear steps to preserve medical care and wage benefits.
What the law says on aggravated injuries
Workers’ compensation law understands that people are not always in perfect health. This means if your work duties aggravate a previous injury or condition, you still have rights.
You may still qualify for benefits for as long as the work-related aggravation causes your disability. The burden of proof lies with you to demonstrate that your current condition is indeed an aggravation of the original injury, not a new, unrelated issue.
Critical steps to take immediately
To protect your right to workers’ comp benefits, consider the steps below:
- Stop working: If the pain is severe, it is generally advisable to stop the activity right away. Continuing to work will only hurt your case and your body.
- Report the worsening injury: It is best to tell your supervisor as soon as you can. Do not delay, as Georgia law requires you to notify your employer in writing of the injury or aggravation within 30 days.
- See an authorized doctor: Go back to the authorized treating physician from your workers’ compensation claim. Make sure you clearly tell the doctor how the job activity made your injury worse.
- Insist on documentation: Ensure the doctor’s notes clearly state that your recent work activity aggravated your original work injury. This medical connection is your strongest piece of evidence.
- Keep all records: Make sure to keep copies of all new medical reports, prescriptions and any correspondence you receive from your employer or the insurer.
Your next actions determine the success of your claim. Ignoring the pain or trying to push through it will likely do more harm than good.
Protecting your right to benefits
Returning to work, even light duty, does not automatically end your eligibility for benefits. If the re-injury forces you to miss more time or requires new treatment, your employer must cover those costs. If the aggravation makes you unable to earn your previous wage, you may qualify for Temporary Partial Disability benefits.
But beware: Insurance companies often have clear interests in minimizing its costs, and aggravation claims can give them a point of attack.
Insurance companies look for reasons to dispute that your current symptoms are only the “return to baseline” of your old injury, not a new aggravation. They may request an independent medical examination (IME) with a doctor of their choosing, so be prepared for this possibility.
Dealing with an aggravated injury is like filing a new claim while the old one is still active. Professionals who handle these specific types of claims every day can help secure your peace of mind along with the additional, sometimes long-term, financial support.
Posted on behalf of