Can I Reopen a Workers Comp Case?
Attorney Advertisement by Edwin Aiwazian of Lawyers For Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
In general, it is possible to reopen a workers’ compensation case, but it depends on the specific circumstances of the case and the laws in the injured workers’ jurisdiction.
In some cases, an injured employee may be able to reopen their case if their condition has worsened or if they have experienced a new injury or illness related to their work. An injured worker may need to provide medical evidence to support their workers’ comp claim.
However, there may be time limits for reopening a workers’ comp case, so it is important to speak with a work injury attorney or a workers’ compensation representative as soon as possible to understand all the options that are available.
Additionally, it’s worth noting that the rules and procedures for reopening a work injury case can be complex, and it may be beneficial to have a workers comp lawyer to help guide the legal process.
How to Reopen A Workers’ Compensation Claim
The process for reopening a workers’ comp claim varies depending on the specific laws and regulations in each jurisdiction, but generally, the following steps may be involved:
- An injured employee should contact their employer’s workers’ comp insurance carrier or their state’s workers’ comp agency to inquire about reopening the case. The injured worker may need to provide information about their original claim to obtain fair financial compensation, including the date of the injury, the type of injury or illness that was suffered, and the benefits (if any) that were received from the original injury.
- Provide medical care evidence to support the request to reopen a case. This may include new medical records showing that the condition worsened or that the victim developed a new injury or illness related to their work.
- File a petition or application to reopen the workers’ comp claim with the workers’ compensation agency or board. This may require completing specific forms and submitting them to the appropriate office.
- Attend a hearing to present the workers comp case. The injured worker may need to appear before an administrative law judge to explain why they believe their case should be reopened.
- Await a decision from the workers’ compensation agency or board. If the case is reopened, the victim may be entitled to additional benefits, such as medical benefits or treatment, wage replacement, or disability payments.
It’s important to note that the rules and procedures for reopening a workers’ comp case can be complex, and it may be beneficial to have an employment lawyer to help navigate the process.
Can You Reopen a Workers’ Compensation Claim after settlement?
It may be difficult to reopen a workers’ comp case after a settlement has been reached, but it depends on the specific circumstances of the case and the laws in the jurisdiction of the work related injury.
If the work injury victim signed a settlement agreement that included a release of all claims related to their workers’ comp claim, it may be challenging to reopen the case. A settlement agreement is a legally binding contract that typically resolves all issues related to a workers’ comp claim, including any future medical treatment or disability benefits.
However, in some cases, it may be possible to challenge a settlement if the victim can demonstrate they were not fully informed of their rights, or if there was fraud involved in the settlement process.
If someone is considering reopening a workers’ comp case after a settlement, it is important to consult with an experienced workers’ compensation attorney.
Can I Dismiss My Workers’ Comp Claim?
A claim may be dismissed, but it depends on the specific circumstances of the case and the laws in the jurisdiction.
Someone may decide to dismiss their claim if they are no longer interested in pursuing workers’ comp benefits, or if they have reached a settlement agreement with their employer/ insurance company. Dismissing a workers’ compensation case may also be appropriate if the victim returned to work without any restrictions and did not require any further medical treatment.
To dismiss a claim, the employee would need to follow the procedures established by California’s workers’ comp agency or board.
Dismissing a workers’ compensation benefits claim may limit one’s ability to receive future benefits related to their work related injury or illness. If their condition worsens or if they develop new medical issues related to their work, they may not be able to reopen the claim or seek additional compensation.
Before dismissing a claim, it’s a good idea to consult with an experienced workers’ compensation attorney, like the ones at Lawyers for Justice, PC. They can illustrate the potential consequences of dismissing a claim and advise on the best course of action based on someone’s individual circumstances.
How Long Do You Have to Reopen Your Workers’ Comp Claim?
The time limit for reopening a workers’ compensation claim will depend on the specific laws and regulations in any given jurisdiction.
The rules for reopening a workers’ compensation claim may vary depending on the reason for the reopening. For example, if an employee is seeking to reopen a claim because their medical condition worsened, there may be different time limits and procedures than if they are seeking to reopen a claim because of a mistake or error in the initial decision.
It’s important to note that the rules and procedures for reopening a workers’ compensation claim can be complex, and it is wise to have legal representation to guide an employee through the process. Lawyers for Justice, PC offers a free consultation for injured workers. Call (818) JUSTICE today to speak to a representative about the details of a workers’ comp case.