Re-Opening a WC Claim
Re-Opening a WC Claim
The recovery of your work injury is not always predictable. There are instances where you have closed your workers’ compensation case, but your injuries have worsened since or you need new treatment.
Can you do anything about it?
YES! Labor Code section 5410 allows any injured worker to make a claim for additional compensation within five years after the date of the injury when their original injury has caused new and further disability.
To make such a claim, the employee will need to file a petition to re-open their claim. Of course, you need to show evidence that your original work injury did indeed cause you further injuries.
Examples:
- An employee suffered a right knee injury on March 1, 2019. The employee’s knee injury caused him 21% disability with the future medical treatment of physical therapy only. Three years later, the employee’s right knee injury has worsened and a doctor is now recommending a total right knee replacement.
- An employee hurts his back and his left shoulder. As a result of his left shoulder injury, he started favoring his right side. In addition to him having an injury to his left shoulder, the employee has now developed an injury to his right shoulder and now he can barely use both arms. As a result, his back has gotten worse.
- A person was taking medications due to his back injury causing damage to his insides. This person can re-open their back injury claim to include a claim to his internal systems.
If you are considering reopening a claim, reach out to us for a free consultation. We will be able to review your circumstances and help you build a strong claim with ZERO upfront costs to you and no fees until we win!