In California, workers who suffer job-related injuries or illnesses are entitled to benefits under the state’s workers’ compensation system. Once a claim is settled or closed, many injured employees assume the case is final. However, if your condition worsens or new medical complications arise, you may have the right to reopen your workers’ compensation claim to seek additional benefits. If this is the case, contact our Orange County workers’ compensation attorney to reopen a claim today. Call us at (949) 379-6250.
When Can You Reopen a Workers’ Compensation Claim in Orange County?
Under California Labor Code Section 5410, an injured worker can petition to reopen a claim if their condition has worsened or changed substantially after the claim was closed. This includes:
- Increased pain or limited mobility
- New or aggravated symptoms related to the original injury
- Need for additional medical treatment
- Inability to return to work due to the worsening condition
You can reopen a claim even if your case was previously settled or a final award was issued.
Common Reasons for Reopening a Claim
Workers typically seek to reopen their claims for:
- New Medical Evidence: If recent medical evaluations reveal your condition has deteriorated.
- Incorrect Disability Rating: If your original disability rating underestimated the extent of your injury.
- Complications From Surgery or Treatment: If procedures or treatments led to new issues.
- Return of Symptoms: If a previously healed injury resurfaces or worsens.
How to Reopen a Workers’ Comp Claim in Orange County
Reopening a workers’ compensation claim involves several important steps:
- Get a Medical Evaluation
You must obtain a medical report from your treating physician or a Qualified Medical Evaluator (QME) that clearly documents the deterioration of your condition. This report is essential to proving that your health has changed significantly since the claim was closed.
- File a Petition to Reopen
You will need to file a Petition to Reopen with the Workers’ Compensation Appeals Board (WCAB). This document must include the reason for reopening, medical evidence, and information about your original claim.
- Attend a Hearing (If Required)
In some cases, a judge may schedule a hearing to review your petition. You must present your medical evidence and any supporting documentation to justify your request for additional benefits.
- Wait for a Decision
The WCAB judge will issue a decision based on the evidence. If the petition is approved, you may receive additional medical treatment, wage replacement benefits, or an updated disability rating.
How Long Do I Have to Reopen a Workers’ Comp Claim in Orange County?
You have five years from the date of your injury to petition to reopen a workers’ compensation claim. If you miss the deadline, you may lose the right to seek additional benefits—even if your health declines. Acting quickly and consulting with a workers’ compensation attorney can help protect your rights.
How an Orange County Workers’ Compensation Lawyer Can Help
Reopening a workers’ compensation claim can be challenging, especially when dealing with medical evidence and legal procedures. An experienced Orange County workers’ compensation attorney can help you:
- Evaluate whether you have a valid basis to reopen the claim
- Obtain proper medical evaluations and documentation
- File the petition accurately and on time
- Represent you during WCAB hearings
- Maximize your chances of receiving additional benefits
If your condition has worsened since your original claim was resolved, arrange a free consultation today.
