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Can I reopen my settled workers’ compensation claim?

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According to Indiana law, as stated in the Guide to Indiana Workers’ Compensation, one may reopen a claim for the following reasons:

  • The light duty assigned by the employer is no longer available.
  • The injured worker becomes temporarily totally disabled (unable to work).
  • The injured worker suffers a condition change or the condition worsens due to the injury.
  • Impairment from the original injury is now evident.
  • Permanent partial impairment increased from what it was at the time of the original PPI settlement.

To reopen a claim due to any change in condition, directly related to the original injury, an Application for Adjustment of Claim (Form 29109) must be filed with the Workers’ Compensation Board within 2 years from the last date for which you were paid compensation. Compensation includes temporary disability income, a permanent partial impairment award, and permanent total disability income. It does not include the last date a medical expense was paid. Determining the precise date that compensation was last paid can be confusing, and an attorney should be consulted to assist in reopening a case.

Please note that there are time when a case cannot be reopened because of the type of settlement that was agreed upon. For instance, if you signed a Section 15 Settlement Agreement– a full and final settlement agreement– when you originally settled your claim, then you may not be able to reopen your case.

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