Re-Opening a WC Claim
Re-Opening a WC Claim
Recovering from a work-related injury is not always predictable. In some cases, you may have settled or closed your workers’ compensation case, only to experience worsening injuries or the need for additional treatment.
Can you do anything about it?
YES! Under Labor Code Section 5410, an injured worker can file a claim for additional compensation within five years from the date of the original injury if it has led to new or further disability.
To pursue this, you must file a petition to reopen your claim and provide evidence that your original work injury has directly resulted in additional medical complications or disabilities.
If your condition has worsened, don’t wait—contact us today for a free consultation. We’ll help you fight for the benefits and medical care you deserve.
Tell us about your case
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.