Can I open up an old workmans compensation case? 18 Answers as of January 14, 2011

Can I reopen a workcomp case from 3 years ago?

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
The rules depend on whether or not your employer received notice. Did you notify your employer of your injury? Did your employer file a report of injury with the Division of Workers' Compensation? Did you get initial treatment? What has happened recently that prompts this question?
Answer Applies to: Missouri
Replied: 1/14/2011
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
It depends. I would need to know what happened in the beginning of the case. What Drs you saw and when is last time received any benefits or medical treatment
Answer Applies to: Florida
Replied: 1/14/2011
Dack Marasigan, LLP
Dack Marasigan, LLP | Martin E. Dack, Esq
If the case was settled and court approved you may only re-open the inquiry into your medical benefits else not. And for this you need to contact a work comp attorney.
Answer Applies to: California
Replied: 1/13/2011
Tenge Law Firm, LLC
Tenge Law Firm, LLC | J. Todd Tenge
It is possible to reopen a workers compensation case that has been closed. If your condition has worsened and it has been less than 6 years from the original injury and/or less than 2 years from the date you last received benefits (whichever is longer), you may file a petition to reopen the case. A hearing is usually required. You should contact a qualified workers compensation lawyer to assist you in this regard.
Answer Applies to: Colorado
Replied: 1/13/2011
Allegretti & Associates
Allegretti & Associates | James L. Allegretti
Depends on how it was closed. If signed contracts were completed, probably not.
Answer Applies to: Illinois
Replied: 1/13/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    You need a work comp attorney.
    Answer Applies to: California
    Replied: 1/13/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Typically a worker's compensation case can be re-opened until five years after its closing for medical treatment issues. However, you will want to speak to a worker's compensation attorney right away because the time limits may depend on the conditions under which it was closed.
    Answer Applies to: Oregon
    Replied: 1/13/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    It depends on too many factors which you have not explained to answer.Just call a comp lawyer you find in the yellow pages or online and ask them on the phone....it won't cost you anything to find out.
    Answer Applies to: Florida
    Replied: 1/13/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    If the case was settled and court approved you may only re-open the inquiry into your medical benefits. You can ask for treatment and mileage. If the case was not filed and two years has gone since the date of the injury or last ttd payment it is the same answer.
    Answer Applies to: Alabama
    Replied: 1/13/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    I am sorry but I do not handle worker's compensation issues. You may email or call me for a referral to a lawyer who specializes in that type of claim.
    Answer Applies to: Virginia
    Replied: 1/13/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    It depends on what happened and what releases were signed.
    Answer Applies to: Pennsylvania
    Replied: 1/13/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Depends on whether you signed what is called a "clincher" and depends on basis and what the doctors say. Call me if you would like to discuss details
    Answer Applies to: North Carolina
    Replied: 1/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Unless you entered into a full and final Stipulation, your case remains open. If you wish further discussion please contact me.
    Answer Applies to: Connecticut
    Replied: 1/13/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Not if resolved. You should review matter with a comp lawyer. We do personal injury.
    Answer Applies to: Illinois
    Replied: 1/12/2011
    Leone, Throwe, Teller, & Nagle
    Leone, Throwe, Teller, & Nagle | Adam J. Teller
    Unless the case was settled through a full and final settlement approved by the commissioner, or a final finding and award or dismissal, then it probably remains open and can still be pursued. If there was approval of a final settlement or if there was a final award or dismissal, then it may be difficult and more information is needed to respond. You should consult an attorney with the details.
    Answer Applies to: Connecticut
    Replied: 1/12/2011
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