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Can I Re-Open A Worker’s Compensation Claim?

Posted in Workers Compensation on October 12, 2021

Unlike traditional personal injury claims in Arizona, a workers’ compensation claim can be re-opened after it has been closed and after the claimant has already received compensation for their damages. Both the worker and the insurance carrier have the right to re-open a claim that has already been closed. This can include requesting additional benefits or disputing the compensation that has already been paid. Here, we want to discuss the workers’ comp claim re-opening process.

You Can Re-Open Your Arizona Workers’ Compensation Claim

In order to re-open a workers’ compensation claim in Arizona, you will have to file a petition to re-open the claim. You can view information about re-opening workers’ compensation claims and find the petition to re-open a claim by clicking here to go to the Industrial Commission of Arizona’s website.

However, it is crucial to understand that it can be challenging to re-open an old work injury case in this state. Insurance carriers are likely to deny a request to re-open the case unless you or your attorney can provide compelling evidence about why the claim needs to be re-opened.

There are various reasons why a workers’ compensation claim may need to be re-opened. Some of the main reasons for re-opening a claim include:

  • The condition for which you have received medical care worsens unexpectedly. An insurance carrier is still likely to push back against this claim, so you will have to work with medical professionals to show how the worsening condition is still related to the initial injury in the first place.
  • You discovered that there were additional injuries caused by the workplace incident that were not previously known. These new injuries will still have to meet the statute of limitations reporting deadlines revolving around when the incident initially occurred.
  • The doctor recommends additional treatment after originally recommending other routes of medical care. Your recovery is often entirely in the hands of a medical professional. If the treating doctor discovers that there is a more effective treatment down the line after the claim is settled, it may be possible to re-open the incident to recover compensation for new treatment.
  • If the injury is worse than initially discovered, you may be a need to file for disability benefits. In some cases, it is entirely possible to think the recovery will be possible after treatment. However, if the injury is worse than initially thought, it may be necessary to re-open the claim to recover additional compensation for the injured worker.

Let an Attorney Help You Re-Open Your Claim

If you or somebody you care about suffering from a permanent disability as a result of a work injury, you should be able to recover compensation for your losses. Even if your workers’ compensation case has already been closed, you can work with an attorney who can help you re-open the claim to recover additional benefits. A skilled Phoenix workers’ compensation lawyer will understand the steps necessary to re-open these cases. This is not an easy process. You can be sure that employers and insurance carriers will push back, especially if they may have to pay more compensation. Let an attorney get to work on your case as soon as possible so you can recover the compensation you need.