Posted on:May 20, 2021

What Can I Do if I Re-Injure an Old Injury at Work?

HomeBlogWhat Can I Do if I Re-Injure an Old Injury at Work?

We all hope for a full and speedy recovery after an injury leaves us incapacitated and unable to work. Workers’ compensation gives employees the peace of mind to heal without the financial burden. But for some injuries, recurrence might be right around the corner no matter how long you take to heal. With your claim already settled and closed, you may be wondering how you can get additional compensation for the same injury. The good news is that reopening your old workers’ compensation claim may be possible. Talk to our workers’ compensation lawyer Phoenix, AZ today.

Time Limit

Every state has different workers’ comp laws, and in some cases reopening your claim may be impossible. If your original settlement included an agreement that you waive your right to any future claims, there’s no path to reopening your claim unless you have proof that your employer’s insurance company committed fraud in the original case. However, if you are denied, you and your Phoenix, AZ workers’ compensation lawyer may be able to open a new claim on your injury.

Old Case, New Evidence

When it comes to workers’ compensation, your employer’s insurance company may be hesitant to reopen your case if your old injury reappears. Be prepared to prove that your injury has changed or worsened since your claim was closed. If you were initially denied workers’ comp benefits, you’ll need to provide additional new evidence of how your injury caused increased disability.

Get Your Forms in Order

Filing a petition with your state’s worker’s comp agency is the first step in reopening a workers’ comp claim. In addition to the required forms, you must obtain and submit a report from a doctor that states:

  • The changes to your quality of life
  • Proof that your original injury is the cause
  • What medical procedures are necessary to fix it

After that, you will be asked to appear at a workers’ comp hearing to argue why your case should be reopened and the benefits you need. But be aware, if too much time has passed since your settlement has closed, you may have a difficult time convincing the judge that your new condition is the result of the original injury.

Workers’ compensation laws vary from state to state and can be incredibly complex and difficult for the average person to understand. That’s why speaking to our workers’ compensation lawyer Phoenix, AZ is crucial to navigating the process of reopening an old claim in the face of a deteriorating medical condition. At Saavedra Law Firm, PLC, our workers’ compensation lawyer Phoenix, AZ is ready to help you. Contact us today.

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