The number of workplace fatalities in the United States fell to 4,764 in 2020, down 10.7 percent from the 5,333 recorded in 2019. If you were hurt on the job and filed a workers’ compensation claim, you might ask yourself if your claim can be reopened if your injury worsens or doesn’t heal properly. It’s important to know that most claims cannot be reopened, but it can still be worth finding out if there are exceptions to this rule, so you don’t get stuck with the same issues. If you need to reopen your California workers’ compensation claim, keep reading!
An introduction to workman’s comp
Workman’s comp is a system in which injured workers are compensated for their lost wages and medical expenses due to work-related injuries. It covers accidents which happen on the job site and related hazards, including risks like equipment malfunction or chemical exposure. If you have a work injury, it can often feel overwhelming to understand all of your options for compensation. In 2020, the rate at which people filed claims for lost time decreased by 7 percent, a faster rate of decline than the 4.3 percent seen in 2019. The best way to understand how different types of cases might proceed is by talking with an experienced attorney who has experience handling these cases.
Your lawyer will also be able to help with other important questions, such as whether your claim will continue after retirement or if it can be reopened when an injury gets worse over time. Typically, people request a reopening after their doctor recommends surgery, and their employer refuses to approve the operation. If your injury gets worse than when you first filed, and your employer refuses to increase the amount of cash they are giving you in compensation, then there is a chance that they will reopen your claim so they can evaluate whether or not an increase is necessary. You might need to reach a workers comp lawyer Orange County about this to see if it’s something worth pursuing.
Can I reopen my workers’ compensation claim if I’m hurt worse at work?
If you were hurt while working and filed a workers’ compensation claim, your benefits will stop at some point. But can you get them reopened again if your injury gets worse? First, you should know that no law in California or any other state says how long an injured worker’s claim for workers’ comp will last. However, most claims end after six months of disability with no further medical treatment required from the doctor.
To continue receiving payments from your employer’s insurance company, you will need a physician’s certificate stating that you are still disabled due to an occupational illness or injury. Before continuing to pay for your treatment, the insurance company may need documentation showing that you are still receiving care, such as bills from doctors’ offices, hospitals, or rehabilitation centers.
What happens next after filing an appeal?
After you file an appeal, the court will notify your employer about the lawsuit. The notice will likely indicate that an injury has worsened after filing a claim, so the court may ask for medical records or additional evidence to evaluate your case. The employer then has thirty days to respond with arguments as to why they should not be held liable.