Don’t get caught in the common misconceptions about settled workers’ comp claims. Many people believe they cannot go back once they settle.
However, this is not always the case. You can reopen your settled workers’ comp claim in Indiana under certain circumstances.
With the help of an experienced Indiana workers’ compensation lawyer, you can make this process smoother and more efficient, ensuring you have the best chance of reopening your claim.
What Are the Requirements to Reopen a Workers’ Comp Claim in Indiana?
To reopen a settled workers’ comp claim in Indiana, you must meet several requirements:
- Worsened Injury: The most common reason for reopening a settled claim is if your injury has worsened since settling the original claim. Generally, the worsening of the injury must be significant and directly related to the original work-related incident.
- Change in Medical Condition: If your medical condition has changed significantly since the initial settlement, you may be able to reopen your claim. This could include a new diagnosis or the development of a related condition.
- Fraud or Misrepresentation: If it is discovered that either party committed fraud or misrepresented information during the initial settlement process, this can be grounds for reopening a claim.
- Impairments Rating Increase: If the impairments rating assigned to your injury has increased significantly since the initial settlement, you may be able to reopen your claim.
- Temporary or Permanent Disablement: If you were deemed temporarily or permanently disabled since the initial settlement, you may reopen your claim for further compensation.
- Diminished work ability: If your ability to work has diminished significantly since the initial settlement, you may reopen your claim for additional benefits.
You should never assume that a settled workers’ comp claim is final or that you cannot reopen it.
If you believe one of the above requirements applies to your case, consult an experienced workers’ compensation lawyer in Indiana.
Even if you are unsure, a lawyer can review your case and determine if it is worth pursuing a reopening of your claim.
What Compensation Can I Receive If I Reopen My Worker’s Comp Claim?
If you successfully reopen your workers’ comp claim, you may recover compensation for:
- Medical expenses for new or worsened injuries related to the original work incident
- Temporary total disability benefits if you cannot work due to your worsened condition
- Permanent partial impairment benefits if your impairment rating has increased since the initial settlement
- Vocational rehabilitation services if you cannot return to your previous job due to a worsened condition
Recovering these damages isn’t as simple as just reopening your claim. An experienced workers’ compensation lawyer can help navigate the process and ensure that you receive the maximum amount of compensation possible.
What Is the Process for Reopening a Workers’ Compensation Claim?
The process for reopening a workers’ comp claim in Indiana involves several steps:
- Consult an experienced workers’ compensation lawyer to determine if your case meets the requirements for reopening.
- File a petition with the Indiana Worker’s Compensation Board, providing evidence supporting your reopening claim.
- Attend a hearing where both parties will present their arguments and evidence.
- If successful, you can modify the original settlement, or receive additional payments.
You face strict time limits for filing a petition to reopen a settled workers’ comp claim in Indiana. You must seek legal counsel as soon as possible to ensure you do not miss any deadlines.
Why Do I Need a Lawyer to Reopen My Workers’ Compensation Claim?
Navigating the legal system can be complex and overwhelming, especially regarding workers’ compensation.
Hiring an experienced lawyer who is familiar with Indiana’s laws and procedures can significantly increase your chances of successfully reopening your claim by:
- Gathering necessary evidence to support your case, including medical experts, witness testimonies, and documentation of your worsened condition
- Negotiating with insurance companies to ensure that you receive fair compensation
- Representing you at hearings and advocating for your rights as an injured worker
Considering that 10 percent of workers’ comp cases are denied or delayed, with many more facing incredible hurdles and challenges, having a lawyer on your side can make all the difference in successfully reopening your settled claim.
The Dos and Don’ts of Reopening a Workers’ Comp Claim in Indiana?
While a lawyer will provide guidance and support throughout the process, when considering reopening your settled workers’ comp claim:
- DO be honest and provide all necessary information and evidence to support your case.
- DON’T exaggerate or falsify information, as this can hurt your chances of reopening your claim.
- DO act quickly and consult with a lawyer as soon as possible to ensure that you meet all deadlines.
- DON’T take on the process alone. A lawyer can greatly improve your chances of success and handle the legal aspects while you focus on your recovery.
- DO report changes in your condition to your employer and seek medical treatment as needed.
- DON’T give up hope. Reopening a settled workers’ comp claim may seem like an uphill battle. However, you can receive the compensation you deserve with the right legal representation.
Keeping these do’s and don’ts in mind helps your lawyer build a strong case for reopening your claim and potentially receiving additional benefits.
Work Injury Getting Worse? Reopen a Workers Comp Case With Experienced Lawyers in Indiana
Taking on the daunting task of reopening a settled workers’ comp claim can be overwhelming and intimidating.
However, with the help of an experienced workers’ compensation lawyer in Indiana, you can confidently navigate the legal system and work towards getting the compensation you deserve.
If your work injury has worsened since the initial settlement, whether due to increased impairments, temporary or total disablement, or diminished work ability, you may be entitled to more benefits.
Don’t hesitate to reach out for a free case evaluation to learn more about your options for reopening your workers’ compensation claim.