Can I Reopen a Workers’ Comp Claim?

If you’ve received workers’ compensation benefits in the past, you might think your case is closed for good. But there are certain situations where reopening a workers’ compensation claim is possible. Whether your condition has worsened or new evidence has emerged, it’s important to understand the circumstances under which you can revisit your case.

When Can You Reopen a Workers’ Comp Claim?

There are several scenarios in which reopening a workers’ compensation claim might be allowed. Generally, the most common reason is the worsening of your medical condition. If your injury has become more severe after your case was closed, or if you experience complications that were not initially apparent, you may be able to reopen the claim to seek additional benefits.

For example, if you suffered a back injury and received treatment, but months later the pain or mobility issues return or get worse, you could be eligible to reopen the claim to cover further treatment or lost wages.

Another reason to reopen a workers’ compensation claim is the discovery of new evidence. Sometimes, new medical diagnoses or other information might come to light that wasn’t available when the claim was first filed. If this new evidence significantly affects your injury or disability status, it can be grounds for reopening the case.

Time Limits to Reopen a Workers’ Comp Claim

It’s important to note that reopening a workers’ comp claim isn’t always an option forever. Each state has its own rules regarding the time limits for reopening a claim, often referred to as the “statute of limitations.” In California, for example, workers typically have five years from the date of their injury to request a reopening. After this period, it becomes more difficult to revisit the case.

However, even if you’re within the allowable time frame, you’ll likely need to demonstrate a valid reason for reopening the claim, such as a worsened condition or new evidence. This is why having proper documentation from medical professionals is crucial.

What Steps Should You Take?

If you believe your workers’ compensation claim should be reopened, the first step is to consult with an experienced workers’ compensation attorney. They can review your case, assess the validity of reopening, and help you navigate the legal process. Without proper guidance, your request to reopen may be denied, leaving you without the benefits you need to recover fully.

Before taking any action, consider reaching out for legal advice. An attorney can ensure all necessary paperwork is in order and represent your interests when dealing with the workers’ compensation board or insurance company.If you’re thinking about reopening a workers’ comp claim or want to know more about your options, Thomas F. Martin, PLC is here to help. Contact our office for a free 30-minute case evaluation at (714) 547-5025 to discuss your situation and get the assistance you need.