How can I Reopen My Workers' Comp Case?

Even if your workers’ comp case is settled, you can have your workers’ compensation case reopened if your condition changes or the effects of your workplace injury or illness worsen over time.

You would need the help of a Phoenix workers’ compensation attorney if you wish to have your workers’ comp case re-opened. Your attorney can guide you through the process and help you understand your rights.

Reasons Why a Workers’ Compensation Claim Can Be Reopened

Here are the reasons for which you can have your work comp case reopened.

• Your condition has become worse – You must be able to prove that your condition has significantly worsened since the settlement of your claim. The worsening must be linked to your original workplace injury or illness.
• Your previous award was not accurate – If you can prove with new evidence that your workers’ compensation award was not correct, your case may be reopened.
• Law errors, or clerical errors – Your case may be reopened to correct any legal or clerical errors.

However, if you had signed a full and final release settlement, it may be extremely difficult to reopen your case. A full and final release settlement makes you give up your right to pursue future claims. If this is the case, you would need the expertise of an experienced work comp attorney to help reopen your case.

Evidence Required

To support your request to reopen your claim, you would need medical evidence. Your doctor must write a report explaining –

• how the original condition worsened
• required medical treatments
• your worsened condition is caused by your original workplace illness or injury

Filing a New Claim

Depending on your situation, you may benefit more from filing a new claim rather than reopening the existing claim. If your disability has worsened, you may file for a cumulative claim.

Cumulative claims often concern repetitive injuries or progressive illnesses. However, they could also cover chronic pain or new repetitive injuries due to trauma.

Time Limit to Reopen a Claim

In some states, there is a time limit to reopen your workers’ comp claim, known as the statute of limitations. This is like a deadline, after which you would not be allowed to request to have your work comp case reopened.

However, in Arizona there is no time limit to have your workers’ compensation case reopened. You may file to reopen your case at any time by filing a Petition to Reopen.

To consult an experienced Phoenix workers compensation lawyer, call Arizona Injury Law Group at 602-346-9009. At Arizona Injury Law Group, you deal directly with a Phoenix workers compensation attorney and not an assistant. They can even help you find the best doctors for your medical treatment.

About This Author

azworkcomp Joined: June 24th, 2018