Can You Reopen A Closed Workers Comp Case

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Can You Reopen A Closed Workers Comp Case – We frequently receive phone calls and emails from employees with disabilities in Michigan with previous work-related injuries. Many of these people have been working in pain for years and have not received proper medical care. They want to know the answer to the question “Can you reopen a closed workers’ compensation case?” To seek additional medical and/or lost wages benefits. Here’s what you need to know

You have unlimited time to reopen a closed workers’ compensation case in Michigan as long as the medical evidence supports the claim as a work-related injury. This is a necessary step in restarting a workers’ compensation claim, whether it’s a Michigan medical or lost wage claim.

Can You Reopen A Closed Workers Comp Case

Can You Reopen A Closed Workers Comp Case

If proper notice and claims are given at the time of the initial injury, disabled employees can reopen the case and seek future benefits. Payments will be subject to one- and two-year lookback rules that limit how much backlog of benefits can be collected.

Can You Reopen A Closed Workers’ Comp Case In Michigan?

Keep an eye out for insurers that automatically dispute workers’ compensation claims based on age of claim. Don’t use the inability to reopen a closed workers’ compensation case as an excuse. Medical care is a lifetime benefit when there is evidence that it is for a work-related injury. Wage loss benefits are also available when an employee is no longer able to work.

The first step in successfully reopening a closed workers’ compensation case is to ensure that the original worker’s injury is properly recorded. The employer must be notified of the injury within 90 days of the accident. It is sufficient to simply tell the manager or supervisor that the injury has occurred. We recommend that you complete an incident report for documentary evidence. Be sure to keep a copy.

Benefit claims must be made within two years. This can also be accomplished by simply claiming medical or wage loss benefits. It is a good idea to seek formal help in writing.

Employees who have received benefits in the past have direct evidence of notices and claims. Keep all correspondence from employers and insurance companies in a safe place for evidence.

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The next step in successfully reopening a closed workers’ compensation case is proving causation. This means that a qualified doctor must say that the current problem is related to an old work injury. This may be difficult to achieve until medical evidence such as MRI or EMG supports it. Beware of insurance company doctors who say the current problem is pre-existing or just part of the aging process.

Benefits are only repaid within one to two years from the date the application is filed with the court. Future doctors are not limited. Wage loss is only available if the individual is actively looking for work but is unable to do so.

There is an important difference between “redemption” and “voluntary payment.” Redemption is when all past and future benefits are traded in cash payment. These types of requests cannot be reopened in the future.

Can You Reopen A Closed Workers Comp Case

Voluntary payments occur when an insurance company pays benefits by an agreed date. You can reopen a closed workers’ compensation case with voluntary payments because future benefits will not be paid and the claim can be reopened.

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Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has specialized in representing injured and disabled workers for over 35 years. Call (844) 316-8033 today for a free consultation.

Workers’ Comp Blog Can You Collect Workers’ Comp After Being Laid Off? Best Workers’ Compensation Lawyers in Michigan: Here’s What to Look For How To File For Workers’ Compensation: What You Need To Know After you complete your workers’ compensation application and return to work, you can be confident that your claim is permanently closed. But what if your previous work injury or medical condition worsens and you need additional treatment or surgery? Can you reopen the claim for the accident that caused the original injury or condition?

If your previously treated injury or illness worsens after you close your claim, our qualified workers’ compensation attorneys in Flint are ready to help.

Contact Jay Trucks for more information. We stand ready to help determine your eligibility to refile a worker’s compensation claim for additional medical or lost wages benefits.

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In Michigan, employees injured on the job receive lifetime medical benefits. Even if the worker’s compensation claim has ended, the injured worker can still re-file the original claim for further treatment – losing wages if he is unable to work, such as:

There are a few requirements that must be met before you can attempt to reopen your Michigan workers’ compensation claim:

The original injury must be reported to your employer within 90 days of the occurrence. The sooner the better, because any long interval — even a few days — will give the employer or insurance company room to argue that the injury may have occurred elsewhere. The best thing to do is to report the injury immediately and fill out an official accident report, remembering to keep a copy of the document for your records. Benefit claims must also be filed within two years from the date of the original injury or illness.

Can You Reopen A Closed Workers Comp Case

In addition to reporting a claim, there must be medical evidence that your current injury or illness is related to your previous work injury. A lawyer can help you obtain this evidence, which may include:

My Injury Has Gotten Worse: Can I Reopen My Workers Compensation Case?

Unlike many other states, Michigan has no statute of limitations for reopening closed workers’ compensation claims. If you meet the eligibility requirements, there is no deadline to prevent you from re-filing a workers’ compensation claim for a previous injury.

Whether a settlement affects your ability to reopen your claim depends on the type of workers’ compensation settlement you received. In Michigan, you can resolve your workers’ compensation claim in one of two ways:

This type of settlement occurs when an injured employee chooses to receive a one-time cash payment instead of continuing to receive weekly benefits. This may make sense for some workers who have already achieved maximum medical improvement (MMI). However, if you settle your workers’ compensation claim this way, you will not be able to refile your workers’ compensation claim. This type of solution is a one-and-done agreement.

However, if you’ve just settled your workers’ compensation claim and changed your mind about the lump sum payment, you have 15 days to cancel your settlement after the magistrate approves your settlement. At this point you can only cancel your settlement agreement with good reason. For example, if your condition suddenly worsens and additional diagnostic tests show missed additional injuries.

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If the insurance company pays voluntarily — that is, pays the injured worker’s benefits by a set date — the worker can still reopen or file a claim at a later date. In this case, the injured employee did not agree to waive any future benefits in order to receive a lump sum payment.

If you need to reopen a closed workers’ compensation claim, Jay Trucks’ experienced attorneys can help. We offer a free initial consultation to review your claim. There is no obligation to move on after this meeting.

If we are acting on your behalf, there is no upfront payment required. We will not pay you unless we successfully recover additional workers’ compensation benefits for your injury or serious illness. You can assume that, for the most part, when a Pennsylvania workers’ compensation case ends, it ends. However, in some cases this is not the case and the case can be reopened at a later date.

Can You Reopen A Closed Workers Comp Case

When will this happen, and when will workers’ compensation cases actually end? Learn more about the answers to these questions we often hear from our customers below.

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The answer is “yes”. Certain workers’ compensation cases can be closed under certain circumstances, but may not be as often as you might think. Workers’ compensation cases can be closed when:

However, not all of these reasons are valid reasons for ending your claim. You may still need medical attention. The most common situation that leads to a workers’ compensation case closing is when you accept a settlement from your employer. In this case, you will receive a one-time payment from the insurance company. In return, you agree not to seek further benefits for such harm. In either case, a settlement will permanently close your workers’ compensation case. Be sure to speak with an attorney before accepting a settlement.

Another thing that can permanently close a case is death. If you die, your case will be closed and your family will not be able to claim death benefits unless the death is due to a work-related injury.

If you want to reopen your Workers’ Comp claim in Pennsylvania, you will need to show that there are extenuating circumstances that justify reopening the case. You need to prove this when submitting

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