Re-Injured After Returning to Work? Here’s What You Need to Know

cartwrightlaw - November 25, 2024 -

average slip and fall settlement california

Returning to your duties after a workplace injury can be a major milestone. However, for some individuals in Santa Rosa who re-injured after returning to work, navigating the legal and medical steps that follow can be challenging. The Cartwright Law Firm has decades of experience in helping injured employees secure their rightful indemnity, and we’re here to assist you if you’ve faced a second lesion at your job.

What steps to take and whether you can file another workers’ compensation case is crucial to safeguarding your health and your rights. Comprehending these factors will help guarantee you receive the support you need during your recovery. Here’s everything you need to know.

Steps to Take if You Are Re-injured After Returning to Work

Suppose you experience a second impairment after returning to your duties. In that case, the most important thing you can do is take immediate action to ensure your health and legal rights are protected. Here’s what you should prioritize:

Seek Medical Attention Immediately
No matter how minor or severe, visit a healthcare professional right away. Document your new injury separately from the previous one—your doctor’s report will be critical for your workers’ compensation case. Delays could impact your ability to claim benefits.
Report the Injury to Your Employer
Under California law, you must notify your employer within 30 days of the incident. Failure to do so could result in denial of benefits. Provide detailed information and keep a copy of your report for your records.
Keep Detailed Documentation
Record all communications with your employer, doctor, and workers’ compensation representatives. Track your symptoms, treatments, and restrictions to strengthen your case.
Consult a Workers’ Compensation Attorney
Re-injury claims can be complicated. An attorney can help handle the intricacies of insurance companies and ensure you receive the benefits you’re entitled to.

Can You File Another Workers’ Compensation Claim if You Were Re-Injured After Returning to Work?

Yes, in many cases, you can file a new claim for a re-injury, even if it is related to your original one. Nonetheless, the circumstances surrounding your damage will play a significant role in determining the path forward. Here’s what you need to know:

New Claims for New Injuries
A new claim may be filed for a re-injury that affects a different body part or occurs under different circumstances, such as moving from a back pain to a shoulder lesion.
Aggravations of Previous Injuries
Worsening a previous lesion may still make you eligible for additional benefits. Under California law, remuneration for deteriorating conditions resulting from job-related activities is available.
Denials and Appeals
Insurance companies often resist re-injury claims. An experienced attorney can help challenge denials and secure the benefits you deserve.

Important Injury Prevention Tips to Address the Dangers of Returning to Work After a Work Injury

Returning to work after an impairment is risky, but you can reduce your chances of re-injury by following these strategies:

Ease Back Into Physical Activities
While you may feel ready to resume your complete duties, easing back into physical labor is crucial. Start with light activities and follow your doctor’s recommendations to prevent strain or overexertion.
Communicate with Your Employer
Let your employer know about any physical limitations or restrictions you may have. Workplace accommodations, such as modified duties or lighter loads, can significantly reduce the risk of further damage.
Follow Your Treatment Plan
Many individuals resume their jobs before fully completing their physical therapy or treatment plans. Adhering to your prescribed rehabilitation regimen, even after returning to work, can minimize the chance of further damage.
Know Your Rights
California organizations must provide a safe work environment and make accommodations for injured workers. If you feel that you’re being asked to perform too demanding activities, consult your attorney.
Stay Vigilant
Being mindful of your body’s signals and not pushing through pain can prevent long-term damage. If you start feeling discomfort, take a break or seek advice from your healthcare provider.

By taking proactive measures, you can reduce your risk of re-injury while still resuming your professional responsibilities.

Our Santa Rosa, California Workers’ Compensation Lawyers Can Help

Dealing with a re-injury can be overwhelming, but you don’t have to handle it alone. Our skilled Santa Rosa injury attorneys are here to help injured individuals across Northern California get the benefits they deserve. Call us at (415) 851-6486 for a free consultation or visit 227 Front Street, 5th Floor, San Francisco, CA, 94111, to learn how we can assist you.