Workers' Comp: The Right to Reopen

Scott Scherr • October 25, 2023

You can reopen your workers' compensation case so long as it is done timely

A workers' compensation case is different than an automobile accident case. An injured worker is entitled to payment of causally related medical bills for life unless he or she settles the case. A workers' compensation case can go on for decades.


Even if they receive an award for a permanent disability, they can reopen the case to claim additional permanent partial or temporary total disability benefits. The law requires that the case be reopened within five years of the last payment of indemnity benefits. The time begins to run from the date of the last payment of temporary total disability (payment while the worker it temporarily out of work), temporary partial (payment while the worker can only earn less than full wages due to a disability), permanent partial (payment for a worker's permanent disability), or permanent total disability benefits (payment when the worker cannot work for life).


Payment of medical bills will not restart the five years. Medical bill payments are not indemnity benefits.


If a worker receives indemnity checks, the five years renews every time the worker receives a check. There are good reasons to reopen a claim such as a worker receives additional treatment which takes them out of work or the worker's permanent disability is now worse than it was previously. If you require additional treatment, speak with your lawyer.


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