For those injured on the job, understanding the specifics of workers' compensation can be a formidable task. Often, the resolution of a claim marks the end of one chapter, but for some, it's the beginning of a new struggle. If you're wondering whether a closed workers' compensation case can be revisited, you're not alone. However, reopening a workers' compensation case in Missouri is no small matter, and it often requires the services of an experienced workers' compensation attorney.
At The Law Office of Steve Slough, we can help you explore the prospects of reopening a closed workers' compensation case in Missouri, highlighting the legal grounds and procedural intricacies of such an undertaking.
A closed workers' compensation case typically means that the case has reached its conclusion either through a settlement or by a final order from the workers' compensation board. In such situations, the injured worker has received compensation for their injuries, and all the necessary medical treatments that were related to the workplace injury were considered covered.
Once a case is closed, it signifies the resolution of the claim, with both parties fulfilling their agreed-upon responsibilities. However, it's essential to understand that "closed" doesn't always mean the end of the road. Certain exceptions might allow for a case to be reopened, but we always recommend securing the help of an experienced workers' compensation attorney before attempting to reopen a case.
Reopening a workers' compensation case isn't impossible. However, it also isn't easy. In Missouri, there are several legal grounds available to claimants for reopening a workers' compensation case.
The crucial factor in pursuing the reopening of a workers' compensation case is demonstrating a substantive change in your injury or the conditions under which your claim was initially resolved. This extenuating circumstance must be a byproduct of the original work-related accident or a continuation thereof, significantly impacting your quality of life or work capacity.
The occasions when a workers' compensation case could be reopened include:
Significant Changes in the Workers' Medical Condition: If the condition of the injured worker worsens in a way that was not anticipated at the time of settlement or final order, and it's directly related to the original workplace injury, this may justify reopening the case to seek additional compensation. This is often referred to as a "change in condition."
Discovery of New Evidence: If new evidence emerges that directly impacts the initial injury claim, it could provide sufficient ground to request a reopening of the case. This evidence must be new information that wasn't available or known during the original proceedings and must be substantial enough to potentially alter the outcome of the case had it been initially presented.
Procedural Errors: If there was a procedural error or a legal mistake made during the initial handling of the case, this may also provide grounds for reopening.
Evidence of Fraud: Discovering evidence of fraud or misrepresentation on behalf of any involved party during the original claim process can also be a reason for a case to be reconsidered and potentially reopened.
The process for reopening a workers’ compensation case in Missouri is subject to strict deadlines and procedural requirements. For instance, there are specific time limits within which a petition to reopen a case must be filed, depending on the nature of the grounds for reopening. Failure to adhere to these deadlines can result in the loss of the right to seek further compensation.
To initiate the reopening of a closed workers' compensation case in Missouri, the following steps are generally recommended:
Consultation With an Experienced Attorney: The first step is to consult with an experienced workers' compensation attorney. An attorney can offer critical insights into the feasibility of reopening your case and the legal strategies that may be employed.
Review of Original Case Documents: Review all the documents and evidence associated with your original case. This includes the original settlement agreement, medical records, and any correspondence related to the claim. This review can help you identify if there has been a significant change in your circumstances or new evidence that may warrant reopening the case.
File a Petition to Reopen: With the assistance of your attorney, you will need to file a motion to reopen your workers' compensation case with the Missouri Division of Workers' Compensation. This motion must outline the grounds for reopening the case and must be supported by medical evidence detailing the deteriorated state of your injury or health condition.
Attend a Hearing: Once the motion to reopen is filed, the Missouri Division of Workers' Compensation may schedule a hearing before an administrative law judge to review your request. Being present at these hearings, ideally with your attorney, is vital to present your case for reopening with strong, compelling evidence.
Negotiate a Settlement or Await a Decision: In some instances, reopening a case may lead to settlement negotiations with the employer or their insurance company. Alternatively, if the case proceeds through subsequent hearings, it will ultimately be up to the judge to decide whether the case will be reopened and if additional compensation is warranted.
Remember, the specifics of each case may vary, and legal procedures can be complex. Working with an experienced workers' compensation attorney is essential, as they can provide the legal guidance and support needed to reopen a workers' compensation case in Missouri.
Experienced attorneys are equipped with a comprehensive understanding of the multifaceted statutes governing Missouri workers' compensation law and the possibility of reopening a case. They can offer strategic advice, assist in the acquisition of pertinent medical evidence, call on expert witnesses for testimony, and advocate on your behalf with insurance companies or in court.
Reopening a closed workers' compensation case in Missouri is a strictly regulated process. The potential to revisit a resolved claim hinges on specific legal grounds, necessitating a substantial change in the injured worker's condition or issues with prior settlements. Constructing a persuasive argument for reopening a workers' compensation case entails meticulous preparation and often calls for the expertise of a specialized attorney.
At The Law Office of Steve Slough, we are committed to providing effective, personalized legal representation to help you understand workers' compensation law and make informed decisions about reopening your workers' compensation case. If you're looking to revisit a closed workers' compensation claim in Missouri, reach out to us for a free consultation. Located in Clayton, Missouri, we proudly serve clients throughout St. Louis County, St. Charles County, as well as Madison County, Missouri, and St. Clair County, Illinois.
It’s a scenario that all drivers dread—being involved in a car accident that's not your fault, only to find that the at-fault driver is either uninsured or doesn’t have enough insurance to cover your losses. In these frustrating and often stressful situations, knowing how to move forward is critical.
For those injured on the job, understanding the specifics of workers' compensation can be a formidable task. Often, the resolution of a claim marks the end of one chapter, but for some, it's the beginning of a new struggle. If you're wondering whether a closed workers' compensation case can be revisited, you're not alone.
