If you’ve had a past injury and it flares up again because of your job, proving that work made it worse can be tough. Understand though, that with the right steps, you can protect your health and your rights under Massachusetts law.
It is important therefore, to learn exactly what to do if you’re in this situation.
See a doctor right away
The first thing you should do is visit a doctor. Be honest about your past injury and explain exactly what kind of work you’ve been doing. A medical professional can compare your old condition to your current one and determine if your job was a “major cause” of the worsening. The work-related injury doesn’t have to be the predominant cause, it just needs to be a major contributing factor. Their medical opinion will carry significant weight in your workers’ compensation claim.
Gather your medical records
To show that your condition has gotten worse, you’ll need your past and current medical records. This includes:
- Imaging results
- Doctor’s notes
- Therapy reports
Comparing these can show the difference before and after your work activities began to affect you again.
Make sure your updated records clearly reflect several key details. The nature of your new or increased symptoms should be documented. The likely cause of the change needs to be noted. Any limitations you now have must be recorded. These details help create a timeline of your condition.
Document your work tasks
It’s also important to show how your job duties contributed to your worsening injury. Keep a daily log of your activities, especially those that strain the injured area. Describe how certain motions, tools or routines make the problem worse.
You might also want to take additional steps to strengthen your case. Write down when pain or discomfort started or increased. Ask coworkers for statements if they saw you struggle. These actions help connect your injury to your actual work.
File a timely report
Tell your employer immediately about your worsened condition. Massachusetts law requires you to notify your employer right away when a work-related injury occurs or worsens. Your employer must then file Form 101 with the Department of Industrial Accidents within seven calendar days. If your claim is accepted, you should receive your first benefits check within 14 days.
If you need more guidance on how to go about this, speaking with an experienced attorney might help. You don’t have to suffer in silence. With the right evidence, you can show that your job has made a past injury worse and get the benefits you deserve.