Being approved for workers’ compensation benefits is always a relief if you’ve been injured on the job. However, that initial approval may not be the end of your battles.
For example, what if something aggravates that initial injury and additional medical treatment is necessary? Do your workers’ comp benefits cover it?
An Idaho Supreme Court case
Early this year, the Idaho Supreme Court overruled the state’s Industrial Commission in the case of an injured worker who aggravated a work-related injury. The commission had denied the worker benefits for continued care.
The case involved a drywall delivery driver who injured his ankle on the job back in 2019. He later suffered a recurrent tendon tear. These tears are commonly caused by overuse or improper healing of the original injury.
Multiple delays
The man had continued to suffer pain after surgery for that injury. However, his physician didn’t order imaging to look at it until 2021. Due to a medical error and an insurance authorization delay, the imaging wasn’t done until 2022.
While that imaging showed that it was a recurrent tear, the commission claimed there was no proof that it was related to the man’s original injury. It cited the delay in completing the scan, even though the man had complained about continued pain much earlier.
It claimed that this was evidence that he had reached maximum recovery before the recurrent tear. However, the court noted, “The gap in medical records was not evidence of recovery.”
Document any recurrences and other details
Many types of work-related injuries can become aggravated for any number of reasons. That’s why it’s important to notify your treating physician immediately and ensure that you get documentation that any additional treatment and/or time off work required is a result of that aggravation and not a new injury, your actions or lack of follow-up care. This can help ensure that your workers’ comp benefits continue. If you’re running into pushback from your employer or workers’ comp insurer, it may be worthwhile to get legal guidance to protect your right to continued compensation.