A Guide to Reopening Your Colorado Workers’ Comp Claim After a Worsening Injury
If your condition has changed and your workers’ comp benefits aren’t enough, you may be able to reopen your claim
Returning to work after recovering from a workplace injury or disease is supposed to be a sign of progress, but for many Colorado workers, it’s not always a smooth transition. If your injury has worsened or you’re facing new complications after returning to work, you’re likely feeling frustrated, unsure of your options, and worried about how to make ends meet.
Questions like, “Can I get more workers’ comp benefits?” or “Is it too late to reopen my claim?” may be weighing on your mind.
The good news is that Colorado workers’ compensation law allows injured workers to reopen their claims under certain circumstances. This article will explain when you can take this step, the time frame in which to act, and what you need to do to get the benefits you deserve.
At The Babcock Law Firm, we understand how difficult and overwhelming this situation can be. Our experienced Denver work injury attorneys are here to help you navigate the process and get the support you need to move forward. Get started today by scheduling a free consultation.
Can you reopen a workers’ comp case in Colorado?
Yes, you may be able to reopen a workers’ compensation case in Colorado, but certain conditions must be met. You might qualify to reopen your case if any of these apply:
- A legal mistake was made.
- There was fraud.
- Your medical condition changed since your case was initially resolved.
For example, if your injury has worsened or new complications have arisen, this could justify reopening your claim to seek additional workers’ comp benefits.
However, whether or not you can reopen your case also depends on how it was closed. Cases that were formally settled typically have different rules and limitations than cases that were closed without a settlement.
If you’re unsure about your right to reopen your claim, you should reach out to a local Denver workers’ compensation attorney who can help clarify your options and ensure you take the appropriate steps to seek additional benefits.
What’s the difference between a closed and a settled workers’ comp claim?
The difference between a closed and settled workers’ compensation claim often hinges on how the case is resolved and the nature of the worker’s injury.
- Closed claim. A claim is typically “closed” after the injured worker heals from their injury or reaches maximum medical improvement (MMI). Once MMI is reached, a doctor evaluates the worker’s condition and assigns an impairment rating that reflects the extent of the worker’s permanent disability. Based on this rating, the insurance company usually pays the benefits owed. Once these payments are complete, the case is considered closed.
- Settled claim. Workers’ comp settlements often occur in more complex cases or when disputes arise about the severity of the injury, the need for ongoing medical care, or the impact on the worker’s ability to return to work. In a settlement, the worker and the insurance company agree to resolve the claim, usually involving a lump sum or structured payments. Settlements typically include waiving the worker’s right to reopen the case in the future, even if their condition worsens.
So, if your case was closed rather than settled and your injury gets worse after returning to work, you may have the option to reopen it to get additional workers’ comp benefits.
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What steps do I need to take to reopen my Colorado workers’ comp claim?
If you want to reopen a previously closed workers’ comp claim in Colorado, you’ll need to take the following steps:
- Document the change in your condition. Begin by consulting with your doctor to thoroughly evaluate how your condition has worsened. Obtain updated medical records, reports, and any diagnostic tests, such as X-rays or MRIs, that clearly demonstrate the change. If you’ve undergone additional treatments or experienced new symptoms, make sure these details are included in your medical documentation. You may also need a written statement from your doctor linking the worsening condition to your original workplace injury. This evidence is essential for proving that the deterioration is directly connected to the initial injury and justifying your request to reopen the claim.
- Request a hearing. You’ll need to submit a formal request to the Colorado Division of Workers’ Compensation using the “Application for Hearing” form. On the form, you should clearly outline the reason for reopening your claim and provide medical evidence.
- Attend the hearing. After submitting your application, the Colorado Division of Workers’ Compensation will schedule a hearing to review your case. During the hearing, you or your attorney will present evidence showing how your condition has worsened and explain why reopening your claim is necessary. Expect to answer questions from the administrative law judge and possibly your employer’s insurance company. The judge will then decide whether your claim can be reopened based on the evidence presented.
Reopening a workers’ compensation claim can be complicated, and having a skilled attorney by your side is often invaluable. An attorney can guide you through every step of the process, from ensuring all required forms are accurately completed to gathering the strongest possible evidence for your case.
If your employer’s insurance company challenges your petition to reopen the claim, your attorney will represent your interests, argue your case effectively, and help counter the tactics insurers often use to minimize or deny your workers’ comp benefits.
How long do I have to reopen a closed workers’ comp claim in Colorado?
In Colorado, you generally have up to 6 years from the date of your injury or 2 years from the date you last received workers’ compensation benefits, whichever is longer, to request reopening your claim.
If you only need additional medical treatment and not wage replacement, you can apply to reopen your claim within 2 years of when your last medical benefits were received.
Need help reopening a workers’ comp claim in Colorado?
If you’re considering reopening a workers’ comp claim because of a change in your condition, reach out to the knowledgeable Denver workers’ compensation lawyers at The Babcock Law Firm. We understand how overwhelming it can be to navigate the complexities of the workers’ compensation system, especially when dealing with a worsening injury.
Our experienced team will review your case, gather the necessary evidence, and ensure your application to reopen your claim is complete and compelling. Whether it’s negotiating with insurance companies, representing you at hearings, or protecting your rights, we’re here to help you secure the benefits you deserve.
