Worsening Workers Compensation Injury
Claimants (the injured party at work) have numerous workers’ compensation benefits. medical for life is probably one of the largest possible benefits.
When the claimant, injured worker, received a permanent partial disability, that benefit can be substantially increased during the individual’s lifetime.
Let’s say the claimant received permanent partial disability of 15% to the individuals back. Additionally, let’s assume within five years of the award the claimant requires additional medical treatment and the claimant’s condition has gotten worse. The individual may be entitled to worsening condition. Worsening may involve lack of strength, increased pain, reduced function, and other circumstances wherein the person’s condition has become worse since the original permanent partial disability award.
There are other requirements to obtaining worsening of the condition and one of the most important is filing in writing with the Maryland Worker’s Compensation commission, reopening of the case. It is best to submit with the filing a new rating from a physician who is familiar with the American Medical Association Guides to the Evaluation of Permanent Impairment.
Assuming that the physician has documented both an increase in the rating of permanency and has adequately explained why there is an increase in the worsening of the claimant, the claimant may qualify for an additional financial benefit based on the worsening of his or her condition.
The hearing must be requested and the claimant needs to be prepared to provide testimony and evidence that the condition has worsened.
The above is an overview and should not be taken as a complete explanation of the process.
Here is where our office can help you seek increased benefits for worsening of the condition and possibly additional medical treatment.
If you have received in the past a permanent partial disability and five years have not passed since the last rating or receipt of temporary total benefits within five years of the permanent partial disability payment, you may be eligible for the benefit of worsening of your condition.
Call Fred Antenberg, an attorney who handles workers’ compensation cases in central Maryland and whose practice is located in Hamburg County Maryland Maryland at 410 730-4404 and request a free initial consultation to evaluate whether you may qualify for an increase in financial benefits based on worsening of condition.