- Re-Opening a Work Injury Claim
- August 31, 2011
- Law Firm: Right Lawyers - Las Vegas Office
Nevada law provides certain requirements and limitations in applying to re-open a worker’s compensation claim. Your request to re-open must be filed over a year after the original claim has been closed. It is also necessary that you received PPD, or permanent partial disability, benefits and were not working because of an injury during that time.
In order for the insurer to allow your claim to be re-opened, it is necessary that your written request be accompanied by a statement from your physician or your chiropractor admitting there has been a change in circumstance. It is also required that this change in circumstance must be caused by the injury stated in your original claim and warrant an increase or rearrangement in benefits.
The insurer will decide if there is good cause shown to re-open your claim after they receive your request. Only after you have applied to re-open your claim, attached the required statements from you doctor, and the insurer finds good cause, your claim will be re-opened and a medical investigation will begin. If you do not attach a certificate from your chiropractor or physician, your request will likely be denied. Keep in mind, the insurer will not re-open your claim unless your application is supported with medical evidence, and there is evidence that your change in circumstance is attributed to the injury sustained in your original claim for worker’s compensation.
There are some things that can keep you from collecting temporary total disability benefits or rehabilitation services even if your claim is re-opened. This would include leaving your place of work for any reason unrelated to your injury stated in the original claim or retiring before your claim was re-opened.
In Nevada, there are certain instances that require a worker’s compensation claim to be re-opened such as if you were never scheduled for an evaluation after your claim was closed; there was a violation on the insurer’s behalf; or at the time the claim was closed, you can show that you in deed qualified to be scheduled for a permanent partial disability evaluation.
It is also important to know that if your request is denied, you must wait to apply again at least one year after the insurer makes the decision. You may file earlier if that decision is appealed. Hiring an attorney is a wise decision to protect your rights. A mistake in a worker’s compensation claim may make it much more difficult to re-open in the future.
About the Author: Stacy Rocheleau, is a Las Vegas Injury Attorney, located at 725 S 8th St., Las Vegas, NV 89101. Stacy graduated from Whittier College in Los Angeles in 1991 with a Bachelor’s Degree in Business. She received her Law Degree from the University of San Diego Law School and has been a licensed lawyer in Las Vegas since 2001. Stacy may be reached at 702-914-0400 or www.rlinjury.com.