How Can I Reopen My Workers’ Compensation Claim?
If you are injured at work, there are many possible outcomes. You may have an injury that is able to heal and you are then able to return to work. During the time you were away, workers’ compensation may have helped cover your lost wages and medical bills.
But for many Nevada residents, an injury may worsen or have complications after their workers’ compensation has been closed. Your case may have been closed before you ever received benefits or you may no longer be receiving them, causing a case closure. In either scenario, it is possible for you to reopen your workers’ comp case in Nevada, but there are guidelines to follow. A Las Vegas workers’ comp attorney can help you in this process.
Steps to Reopening a Workers’ Compensation Claim in Nevada
If your work-related injury has worsened since your workers’ comp claim was closed, it can be reopened. Reopening a case successfully gives you access to further Nevada workers’ comp benefits, including medical treatment, temporary disability, mileage reimbursement, and vocational rehabilitation.
In order to reopen your workers’ compensation claim, you, as the injured worker, will need to do two things:
- Obtain a letter from a doctor that states that your condition has gotten worse
- Send a letter to the insurance company requesting that the claim be reopened.
The letter from the doctor must contain some key components as well. They include:
- A statement that your condition has changed
- A statement that you need treatment
- A statement on what kind of treatment is needed
- A statement that explains the connection between your original injury and the new condition
- A statement about the time you will be unable to work
It’s important to note that the doctor will give you the letter, but it is your responsibility to reopen the claim. This is where a workers’ comp attorney can help you through the process to make sure everything is in line.
The best way to successfully reopen a Nevada workers’ comp claim is to have an experienced attorney working for you. There are many steps in the process and you need to ensure that the insurance company and doctors all understand your situation and that you are able to have the proper paperwork to prove it.
How Long Do I Have to Reopen a Nevada Workers’ Comp Claim?
Every workers’ comp claim is unique, as every work injury or illness is different. Given how dynamic work injuries can be, there is no limit to the number of times that you can request that your workers’ comp claim be reopened. However, if you have requested that your claim be reopened and the request was denied, you will need to wait one year before requesting it be reopened again.
If you were injured at work but did not miss any time from work and didn’t receive partial disability benefits, you will need to request a reopening of the claim within a year of the date it was closed. You also are unlikely to have a claim reopened if it was closed due to medical treatment being less than $800. This would qualify as a non-catastrophic injury and therefore not be reopened.
If you feel you were entitled to permanent partial disability but never received it, you are able to reopen the claim. At the time of the closure, the insurance company may not have approved the benefits and closed the claim. You are able to later request the claim be reopened and evaluated.
If you have already filed an appeal to your Nevada workers’ comp claim and have lost the appeal, you are not able to reopen the claim.
Get an Attorney’s Help Reopening Your Las Vegas Workers’ Comp Claim
The best way to successfully reopen a Nevada workers’ comp claim is to have an experienced attorney working for you. There are many steps in the process and you need to ensure that the insurance company and doctors all understand your situation and that you are able to have the proper paperwork to prove it.
Call the experts at Bighorn Law for a risk-free, no-cost, and confidential call about your workers’ compensation claim at (702) 333-1111.