
Can I Reopen a Workers’ Comp Claim in California?
You settled your workers’ comp case—or finished receiving benefits—but now your condition has worsened. Is it too late to get more treatment or compensation?
Not necessarily. In California, you may be able to reopen your workers’ comp claim under certain conditions.
When Can a Claim Be Reopened?
You may reopen a claim if:
– Your medical condition has worsened
– New symptoms related to the original injury have developed
– You need additional medical care or surgery
– Your ability to work has declined
This is known as a petition to reopen, and it allows you to request additional benefits.
Time Limits Apply
In most cases, you have five years from the date of your original injury to file a petition to reopen. If you miss this deadline, you may lose your right to additional benefits—so don’t wait.
What Benefits Can Be Reinstated?
If approved, you may be eligible for:
– Further medical treatment
– Additional temporary or permanent disability payments
– A revised settlement or award
How to Reopen a Claim
You’ll need to:
- Get a new medical report showing your condition has worsened
- File a formal petition to reopen with the Workers’ Compensation Appeals Board (WCAB)
- Present evidence showing a direct connection to the original injury
An attorney can help ensure all requirements are met and your case is presented clearly.
Settlements With “Future Medical” vs. Full Compromise
If your original settlement included “future medical care,” reopening may be easier. If you accepted a full compromise and release (C&R), reopening is usually not possible—unless fraud or misrepresentation occurred.
Don’t Miss Your Window
If your injury has worsened or you’re facing new limitations, get advice before time runs out.
Thomas F. Martin, PLC offers a free 30-minute case evaluation to review your case and explore reopening options. Call (714) 547-5025 today.
Also read: How to File a Workers’ Comp Appeal After a Denial in California
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