Gaylord & Nantais are the most experienced & trusted Workers' Compensation Attorney in Los Angeles & Long Beach

Experience you need. Trust you expect. Results you want.
Experience you need.
Trust you expect.
Results you want.


Mon - Fri
9:00 AM - 4.30 PM

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

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. As your injuries heal, you may experience other problems that may not have presented themselves in the beginning. 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.

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.

“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.

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, even if it can be proven that the injury or chronic pain is associated with the original injury.

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.

However, 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.


Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Co- owner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

On Key

Related Posts

3 Cases When Worker’s Comp Covers Injuries During a Commute

People face the risk of accidents on their daily commute to work, but injuries caused during such accidents are not typically covered under workers’ compensation laws. However, there are certain exceptions when a worker who is injured while commuting to work can successfully file for a compensation claim.

Workers’ Compensation Coverage: Are the Self Employed Eligible?

People who are self-employed may not benefit from certain types of insurance like an employee would. If you are self-employed or an independent contractor, the cost of covering yourself with a Workers’ Compensation policy may be so high that it isn’t really worth the effort or the expense.

What Follows Next After a Worker’s Compensation Deposition Gets Over

Receiving a worker’s compensation may lead to litigation that requires you to give a deposition that explains your side of the story. A legal deposition is just one way for you to give your statement. Depositions can be used to help establish a case or they can be used in court proceedings if necessary.

Translate »

Need Help?

Get a Free Case Evaluation

Get your case evaluated from the most trusted attorney in Long Beach and Los Angeles