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Workers’ compensation cases can be extremely complex, involving detailed medical assessments and sometimes confusing legal proceedings, often while dealing with your own ongoing healing and rehabilitation.
In some situations, workers may want to reopen a case due to changed circumstances or new developments or diagnoses.
Reopening a workers’ compensation case means navigating some very specific procedures and criteria designed to ensure that claimants receive the appropriate benefits for their ongoing needs.
Reasons To Reopen a Workers’ Comp Claim
Your workers’ compensation case may need to be reopened for a variety of reasons but usually related to a change in your medical condition or your ability to work.
Some common reasons include:
- Worsening of your medical condition
- Return of disability
- Dispute of medical findings
Steps To Take If You’re Planning on Reopening Your Case
Reopening a case like this involves specific steps that may vary by state. While procedures can differ, the following steps outline the process in general:
- Consult With Medical Professionals: Before reopening your case, you will need to consult with a medical professional for an assessment of your current medical condition and to determine if additional treatments or medical interventions are necessary. The documentation from these consultations will play a crucial role in supporting your claim for reopening.
- Legal Consultation: Seeking legal advice from a qualified workers’ compensation attorney is often a vital step in navigating the complexities of reopening a case. These attorneys provide guidance on gathering the necessary documentation, understanding your legal requirements and limitations, and building a strong, convincing case for reopening.
- Filing the Petition: Reopening a workers’ compensation case typically starts by filing a petition or application with your state workers’ compensation board or commission. This petition will outline your reasons for wanting to reopen your case and provide medical evidence that supports your request.
- Mediation or Hearing: After filing a petition, your workers’ comp board may want to schedule a mediation session or a hearing to review your case. During a mediation, you and the other parties involved will try to reach a settlement you both agree on. If mediation doesn’t work, and an agreement can’t be reached, a formal hearing may be scheduled to present the new evidence or testimony.
- The Board’s Decision: Following the filing, and any mediation or hearings, the workers’ compensation board will issue their decision regarding your petition to reopen your case. This decision may grant or deny your request based on the evidence presented and related legal requirements.
How Long Do I Have To Reopen My Claim?
Like most workers’ comp regulations, the rules and statutes of limitations will vary from state to state.
For example, California Labor Code § 5410 (“Substantial Change of Condition”) allows you five years after the date you suffered your original injury to reopen your old workers’ compensation claim.
In Oregon, a “claim for aggravation of original injury” is also limited to five years.
However, under the Florida Workers’ Compensation Act (Statute 440.28), workers are limited to two years if “the case was not initially pursued to a conclusion”, or just one year “from the date of the last compensation payment.”
This is why it’s vital to know and understand the specific workers’ compensation regulations of your state. Otherwise, you may risk losing your chance to challenge or reopen your case.
Why Do I Need a Lawyer’s Help If I’ve Been Hurt on the Job?
Reopening a workers’ comp case is a complicated process that requires an in-depth knowledge and understanding of the related legal procedures and requirements. Having a lawyer in your corner can often significantly improve your chances of success.
Here are a few of the ways an attorney can help in reopening your workers’ compensation case:
- Evaluating eligibility
- Gathering evidence
- Filing the petition
- Representing you at hearings
- Negotiating settlements
- Protecting your rights
Reopening your workers’ compensation case is a process that requires careful consideration, preparation, and conformity to local laws and regulations.
By understanding your argument for reopening your case and following necessary steps, you can effectively seek the additional benefits or adjustments in compensation that you need with a greater chance of success.
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This website was created and is maintained by the legal team at Thomas Law Offices. Our attorneys are experienced in a wide variety of personal injury and work injury cases and represent clients on a nationwide level. Call us or fill out the form to the right to tell us about your potential case. We will get back to you as quickly as possible.
