Key Steps & Eligibility to Reopen a Workers’ Compensation Claim
In many cases, the situation is over and you can move on with your life. But what happens if the claim is closed and your injury worsens later on? Nevada does allow workers’ compensation to be reopened, but not in every circumstance.
Reasons to Reopen a Workers’ Compensation Claim
There are many different circumstances that could cause someone to consider reopening their workers’ compensation claim. Your personal injury lawyer can evaluate your case and see if you could qualify. Some of the reasons you might consider reopening your case include:
- Your medical condition has become worse again
- You may need new medical treatment that wasn’t required at the time of the claim
- The injury is worsening causing you to be unable to work
- Your doctor is recommending additional care directly related to your injury
When You can Reopen a Workers’ Compensation Claim
To reopen a workers’ compensation claim for additional personal injury treatment, your original injury that you acquired from the workplace accident must have worsened. This worsening of your injury might cause you to need further treatment, surgery, or rehab. It could also prevent you from working again.
In all of these cases, you might be eligible to reopen your case. There are important timing considerations your personal injury lawyer can help you look at, though. For instance, if your injury never caused you to take disability or miss work, you will only have 1 year from the day your case is closed to reopen. If your condition did cause you to take time off work or result in a disability, there is no time limit on reopening your case.
When You are Barred from Reopening a Workers’ Compensation Claim
In many cases you can reopen your workers’ compensation claim, but in some specific instances, you will be barred from doing so. You cannot reopen your claim if:
- Your 1-year deadline has passed
- Your claim was too minor ($800 or less in Nevada)
- There is no change in your condition
- Your condition is from a new injury
Step-by-Step Process To Reopen Your Workers’ Compensation Claim In Nevada
If you decide to reopen your claim for more treatment, you must complete some important steps. First of all, you need to obtain a medical report that states: your condition has worsened, you need additional treatment, and there is a direct connection between your worsened condition and the original work-related injury.
Once you have a medical report with the necessary information, you will submit a written request to your employer’s workers’ compensation insurance. Don’t forget to include the medical report in this request.
From there, you will await a reply from the insurer who will have 30 days to respond. The responses you might receive include a reopening of your case, a request for more information, or a denial.
What Additional Evidence You Might Need To Reopen Your Claim
The Independent Medical Examination will be completed by a medical provider. The goal is to corroborate the original medical report by proving that the condition actually did worsen and further injury treatment is necessary. The insurance company might also request your medical history.
If you’re thinking about reopening a claim, it can be helpful to have all of this information ready so that your case goes as smoothly and quickly as possible.
Denied Reopening of Workers’ Compensation Claim? Here’s What To Do Next
If you applied to reopen your workers’ compensation and the claim is denied, you might still have options. Have your personal injury lawyer look over the denial letter to see why you might be rejected. Some reasons could be:
- No evidence of a worse condition
- No proof the worsened condition is related to the injury
- The medical report does not meet legal requirements
- You missed the reopening deadline
To file an appeal, you will complete a Request for Hearing form and submit it to the Nevada Department of Administration, Hearings Division. Your local Hearing Office will be listed on the denial notice. You have 70 days to file this appeal. From there, you should gather stronger medical evidence and consider a second opinion from another approved provider. Attend your hearing where you and your lawyer will present your evidence. If you receive another denial, you can appeal again within 30 days. After that, you can take the situation to Nevada District Court if necessary.
File Your Request to Reopen Your Workers’ Compensation Claim
If you need more personal injury treatment after a workplace injury, you should consider talking with our personal injury attorneys at Benson & Bingham. We have been in the business for several decades and specialize in workers’ compensation claims. We are a small business that prioritizes our clients, ensuring everyone receives personal and high-quality service.
Get everything you need out of your workers’ compensation claim by involving our legal team! Contact us today to schedule your consultation.
