What Happens If Your Injury Gets Worse After a Vermont Workers’ Compensation Claim?

A work injury does not always follow a neat timeline. Some people feel fine after a few months of treatment, only to find the pain creeping back a year or two later. Others discover that what seemed like a minor strain has turned into something that requires surgery. If your condition has taken a turn for the worse after your Vermont workers’ compensation claim was already resolved, you may still have options.

Can You Reopen a Closed Workers’ Comp Claim?

In many cases, yes. Vermont law does not treat a closed claim as permanently closed if your medical situation changes. Under 21 V.S.A. § 668, the Commissioner of Labor has authority to modify a previous award when there has been a genuine change in your condition connected to the original injury. That means you are not necessarily stuck with whatever benefits you received the first time around if your injury later becomes more serious.

What Counts as a “Change in Condition”?

Not every new ache qualifies. To reopen a claim, you generally need to show that your current medical condition is meaningfully worse than it was when your original claim was settled or decided, and that the worsening is actually connected to the same work injury. Examples might include:

• A previously manageable back injury now requiring surgery
• Nerve damage that has progressed and now limits your ability to work
• A joint injury that has developed arthritis or chronic instability
• New symptoms your doctor connects to the original accident

Medical documentation plays a huge role here. Insurance companies rarely accept a worsening claim at face value, so your treating physician’s records and opinions matter a great deal.

Steps to Take If Your Injury Worsens

If you suspect your condition has declined since your original claim closed, do not just wait and hope it improves on its own. See your doctor and be specific about how your symptoms compare to before. Ask your doctor to document any connection between your current condition and the original workplace injury. Keep copies of medical records, imaging, and any notes about how your daily life and work capacity have changed. These records become the foundation of a request to reopen your case.

Is there really no deadline to worry about? Not exactly. There are limits on how long after an award you can seek a modification, so waiting too long can close the door on a claim you might otherwise be able to reopen.

Dealing with an old injury that has come roaring back is exhausting, both physically and emotionally, especially when you thought that chapter of your life was already behind you. We help injured workers figure out whether their situation qualifies for a reopened claim, gather the right medical evidence, and present it in a way that gives them the best shot at getting benefits restored. If your work injury has worsened since your original Vermont workers’ compensation claim, our Vermont workers’ compensation attorneys at Sluka Law PLC are ready to look at your case and explain where things stand.

Source:

legislature.vermont.gov/statutes/section/21/009/00668