Reopening A Workers’ Comp Claim: An Overview

This article will only provide a brief overview of reopening a California workers compensation case and does not offer any legal advice on a specific case. Here are some general considerations when you are faced with a work injury that is getting worse over time. The specific facts of each case must be evaluated individually. Here are some things to look out for:

1. The Worker Compensation Judge has already signed an Award with a specific level of Permanent Disability.

Make certain you know If a workers compensation Judge has signed an Award of a Permanent Disability. The “Stipulation with Request for Award” is the agreements between the injured worker and the employer / claims administrator on various disputes including the date of injury, parts of body injured, the length of temporary disability, future medical needs, the percentage of disability, and various other agreements.

2. You only have WITHIN 5 YEARS from the date of the injury to reopen your case for new and further disability.

If your injuries have gotten worse in any way between the Judges Award of permanent disability and BEFORE the 5-year anniversary of the date of injury, you may be eligible for an award of additional permanent disability. The laws are very strict, and failure to file the correct Petition with the Workers Compensation Appeals Board BEFORE the 5-year anniversary of your date of injury will bar your right to additional permanent disability no matter how much worse your injury or its consequences become.

3. You must have evidence of your worsened injury BEFORE the 5-year anniversary of your date of injury.

There are VERY strict requirements for the type of evidence ( usually doctor reports ) that will be necessary to prove your worsened injury BEFORE the 5-year anniversary of your date of injury.

Navigating the legal process for reopening a claim can be very intimidating. This is ONLY AN OVERVIEW of the complex area of law and is not a comprehensive discussion of all the considerations and possible exceptions. There are strict timelines and procedural steps that must be followed. With over 30 years of experience, Mr. Martin has extensive experience in handling Petitions to Reopen for New and Further Disability cases. This is a complex area of workers compensation law.

At Thomas F. Martin, PLC, we understand the challenges you face when considering reopening a workers’ comp claim, and if you’re in Santa Ana or anywhere in Orange County and are contemplating reopening a workers’ comp claim, reach out to us before the statute of limitations runs out to reopen your case. Our team is here to help you understand your options and fight for the benefits you deserve.

With over 30 years of experience, we offer a free consultation to discuss your situation and how we can assist you in protecting your rights. Call us at (714) 547-5025.

Don’t wait until it’s too late.