When you suffer from a workplace injury, you know how difficult it can be to cope with the financial, emotional, and physical damage these injuries cause. You may have had to spend time away from your work to recover or pay expensive medical bills. Usually, worker’s compensation can take care of these expenses. But what do you do if the injury you sustained returns or gets worse over time? In this case, you can use workers’ comp aggravation claims to reopen a closed claim and receive all the legal compensation that you still deserve.
When to File for an Aggravation ClaimMost types of injuries at work involve a slip and fall or other physical accident that can be promptly treated. Other types involve chronic conditions like back pain or carpal tunnel syndrome that take time to heal. Typically, after your medical treatment is completed, your claim will close with a Notice of Closure. However, this does not mean your rights have ended. If you’ve experienced a recurrence of pain from an injury for which you previously filed a workers’ comp claim, you can reopen your closed claim by filing an aggravation claim. The process involves reopening the original workers’ comp claim by working with your doctor, and attorney, to receive additional medical treatment and compensation.
How to Pursue an Aggravation ClaimAll injuries can qualify for aggravation workers’ comp claims. They can include traumatic injuries involving the spine or other joints that take time to heal. Even accepted injuries that combine with pre-existing conditions, new injuries, or on-the-job activity, that worsen can lead to an aggravation claim. For example, if you received a neck injury from a car accident several years ago, and a task in your current job causes that injury to reappear, you can qualify for an aggravation claim. When filing an aggravation claim, your doctor must help you.
- Your doctor must complete an Aggravation Claim Form number 827 (this should be available in the doctor’s office, or you can get one from us).
- Your doctor must also document the objective/seeable findings of the worsened condition. (For example, if you can not move as much, or if there is a return of swelling, etc.)