Reopening Workers’ Compensation Case | Phillips Law Group
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- Reopening Workers’ Compensation Case | Phillips Law Group
June 8, 2018
There are times when you can reopen a workers’ compensation case even though it has already been settled. For example, your condition may change and the effects of your workplace injury or illness may worsen over time.
If you wish to reopen your workers’ compensation case, contact the Phoenix workers’ compensation attorneys of the Phillips Law Group for assistance. We can determine if you can reopen your case and guide you through every step of the process as we pursue the compensation you deserve.
Reasons Why a Workers’ Compensation Claim Can Be Reopened
Workers’ compensation claims may be reopened for the following reasons:
- Your condition has gotten significantly worse – You must be able to prove that your condition has greatly declined since your claim was settled. The worsened conditions must be linked to your original workplace injury or illness, and not due to some other cause, such as a new injury or aging. However, if your workers’ compensation settlement included the right to future medical care, you do not need to reopen your case. Treatment will be covered the same way it was covered before the settlement was finalized.
- Your previous award was inaccurate – If new evidence proves your workers’ compensation award was not correct, your case may be reopened to resolve this error.
- Law errors or mistakes, or clerical errors, caused your award to be inaccurate – Your case may be reopened to correct this error.
You will have a very difficult time reopening your case if you signed a full and final release settlement. With a full and final release settlement, you give up your right to pursue future claims in exchange for your original settlement.
There are rare cases when you may be able to reopen your claim after signing a full and final release. For example, you may be able to reopen the case if you can prove the insurance company committed fraud when getting you to sign such an agreement.
Evidence You Will Need
You will need to support your request to reopen your claim with medical evidence. Your doctor must write a report or complete designated forms explaining the following:
- How your original condition has worsened
- What medical treatments are needed
- Your current worsened condition is caused by your original workplace illness or injury
Filing a New Claim
Depending on the symptoms you experience, it may be in your best interest to open a new workers’ compensation case instead of reopening the existing claim. If your disability has worsened, your situation may be a cumulative claim, which is usually treated as a new claim.
Cumulative trauma claims often concern repetitive injuries or progressive illnesses, but could also cover specific traumas that cause chronic pain or new repetitive injuries. These cases can be difficult as every person’s illness or injury affects them differently.
Your attorney can review your situation to determine if you should reopen your case or file a new one.
Is There a Time Limit to Reopen a Claim in Arizona?
In some states, you must file to reopen your workers’ compensation claim within a certain period of time known as the statute of limitations. This is a deadline for filing a claim and if you do not file a claim before the deadline passes, you lose the right to do so.
However, in Arizona there is no statute of limitations that applies to reopening a workers’ compensation case. You may file to reopen your case at any time by filing a Petition to Reopen.
Contact an Attorney for Help
If you wish to reopen your workers’ compensation case, the skilled Phoenix workers’ compensation attorneys of Phillips Law Group are available to assist you. We will review your case and inform you of the options available for recovering the compensation you deserve.
Request a free, no obligation consultation now with our legal team. There are no upfront fees when working with our law firm and you only owe legal fees if we recover compensation in your case.
Call 1-800-706-3000 or fill out our Free Case Review formnow.
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I’ve been working at Phillips Law Group for nearly four years and I can confidently say this is the best personal injury firm in Arizona to work for. The firm is the best for numerous reasons but to start, Phillips Law Group gives employees opportunities for promotions and growth. I started working within the settlement department, moved to a paralegal assistant and grew to be a pre-litigation paralegal with my own case load. Each attorney I have worked for is extremely knowledgeable, friendly, and easy to talk to. Secondly, I love how Phillips Law shows appreciation for employees. They host Friday Zoom Huddles giving out PTO, goodie bags, special shout outs, bonuses and gift cards. They also host extravagant holiday parties and fun contests during the Holidays! Lastly, the firm cares about giving back to the community, which is a trait I value as well. It’s rewarding to see a fast paced firm taking time out of their busy day to pay it forward. I would highly recommend working at Phillips Law Group!
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Working at Phillips Law Group has been great the 1st few years in I noticed how well organized and run this Firm was from Intake to Settlement the Client has the expertise of a staff member uniquely qualified for the particular stage of each Clients claim and all other Law firms try to emulate what we do here but none quite get it right because they lack one major component “Compassion”. We are a FAMILY not just a group of people/employees. We care deeply about each other and our clients’ we are considerate, compassionate and make sure that all our Clients’ needs are met from beginning to end. That’s because we treat our clients just like we treat each other. Nothing like walking through the office and saying Hello to fellow employees who always seem to be smiling. 16yrs in and it only seems to be getting better.
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