03 Oct Reopening Your Arizona Workers’ Compensation Claim
In Arizona, there are circumstances under which a workers’ compensation claim can be reopened even after it’s been settled. However, in order reopen a workers’ compensation case, it is highly recommended that you seek the guidance of an experienced Arizona workers’ compensation attorney. An experienced Arizona attorney will be able to guide you through the process while giving you your best chance at a successful outcome. Below are some details on reopening a workers’ compensation claim in Arizona.
Under what circumstances can a claim be reopened?
- Your award was inaccurate – If you present new evidence that demonstrates an inaccurate award, then your claim may be reopened. This often happens due to miscalculations, legal errors, and clerical mistakes.
- Your condition has gotten worse – If your condition has worsened since your original award, then you may be able to reopen your worker’s compensation claim. However, the condition must be related to your original workplace injury.
In order to reopen a claim, you must be able to provide clear evidence of the above issues. For example, if your original condition has gotten worse since your claim was closed, you’ll need to provide a doctor’s report containing the following information:
- The ways in which your original condition has worsened
- The medical treatment required for your condition
- Evidence that your current condition was caused by your original workplace injury or illness
When must a claim be reopened?
Although some states have statutes of limitations addressing the reopening of workers’ compensation claims (i.e., laws that set time limits on filing legal actions), Arizona allows injured workers to reopen a claim at any time. All that you must do to reopen a workers’ compensation claim in Arizona is file a petition to reopen. However, in order to avoid procedural pitfalls and legal roadblocks, it is highly recommended that you obtain the services of an experienced workers’ compensation attorney before attempting to reopen a claim in Arizona.
Can I file a new claim?
While reopening a claim is possible, it is sometimes advisable to simply file a new claim instead. For example, if your original injury has gotten worse, then you may be able to file a cumulative claim, which usually refers to progressive illnesses or repetitive injuries. However, in order to determine whether you should reopen an old claim or file a new claim, it is recommended that you consult with an Arizona workers’ compensation attorney to explore your options.
Workplace injuries can be devastating, both physically and financially. However, they are even more catastrophic when you run into problems regarding your workers’ compensation benefits. Therefore, if you or a loved one is suffering from a workplace injury, it is highly recommended that you contact an experienced Arizona workers’ compensation attorney as soon as possible, as you may be entitled to compensation. For a free consultation, please contact Arizona Injury Law Group, Attorneys at Law, PLLC, at 602-346-9009.