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Re-Open my Claim

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Can I re-open my claim after it has been closed and I have received money?

Unlike a general personal injury claim, a workers’ compensation claim may be reopened after it has been closed, and after the applicant has already been paid for their damages. Both the insurer and the worker have a right to reopen a claim that has already been closed, whether to request additional benefits, or to dispute compensation that has already been paid. While most state laws vary greatly on the topic of reopening a workers’ compensation claim, almost all of them allow for a case to be reopened if there has been a substantial change in the worker’s condition which could not have been anticipated at the time the original claim was filed.

However, in order to reopen an old claim, you need not to have signed a “full and final” release. If you did, the only real chance you have of reopening your claim is to prove that your insurance company committed fraud in order to get you to sign the settlement agreement.


Reopening a Workers’ Compensation Claim in Arizona

According to A.R.S. 23-1061(H), “…An employee may reopen [an accepted] claim to secure an increase or rearrangement of compensation or additional benefits by filing with the commission a petition requesting the reopening of the employee’s claim upon the basis of a new, additional or previously undiscovered temporary or permanent condition, which petition shall be accompanied by a statement from a physician setting forth the physical condition of the employee relating to the claim.”

Or, in other words, a petition to reopen a claim may be filed if the claimant can prove that there has been a significant change in his or her condition since the closing of the original claim.

Some common reasons to reopen a workers’ compensation claim in Arizona include:

There has been a significant change in health conditions, including increased or decreased disability
New evidence has been discovered showing that the original workers’ compensation award was inaccurate, prompting a reopening of the case to resolve an unavoidable error of fact
There was a mistake or error in the law that expressly caused the inaccurate results
There was a clerical error
Fraud

How Can I Reopen My Case?

In order to reopen a workers’ compensation claim in Arizona, you must file a petition to reopen and provide supporting medical evidence with the Arizona workers’ compensation agency. Supporting medical evidence may include a statement from your doctor, medical records, or some other material proof of a worsened condition.

Consult an Arizona Workers’ Compensation Benefits Attorney

It can be extremely difficult to reopen an old workers’ compensation claim in Arizona, as insurance companies are likely to deny your request unless you can provide compelling evidence to reopen your claim. In order to avoid a long, drawn-out battle with the insurance company regarding reopening your case, get in touch with Snow, Carpio & Weekley, PLC. Our workers’ compensation benefits attorneys can help you reopen your claim and submit the evidence necessary to convince them that additional benefits are required to complete your recovery. To schedule a free consultation with our workers’ compensation lawyers, contact us at 877-370-5788 today.

What Our Clients Are Saying!

Our unique approach to working with our clients

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This Firm Stands Up for Working Families

"This law firm really stands up for working families; stands up for workers and will take your case and fight for your case. And get you the best possible settlement that you can have. You should trust in this law firm. This is the law firm that stood when the state was being challenged under SB1070 the anti-immigrant law."

- Randy Parraz

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I Recommend This Firm To You

"Hi, my name is Ron Selma and I’ve been a client for a year and a half. Snow, Carpio & Weekely, have been very professional for me and I would recommend this firm to anyone. They all are very professional."

- Ron Selma

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Injured On
The Job

"My name is Jennifer Logan & I was injured on the job in January of 2013. Chad Snow came highly recommended from an attorney that I work for. I’ve been coming here ever since I consulted with him. He helped me out."

- Jennifer Logan

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In An Accident At Work

" Alex Carpio has been my attorney since the beginning in August of 2012. I was in an accident at work and I explained everything. At that point he said: “We’re going to continue & we’re going to go on with this because you do have a case.” I would recommend Alex Carpio very highly. He’s a great gentlemen and he listens."

- Albert Gardea

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Arizona Workers Compensation Results

"I was injured on 10-1-2010. During that time I was in so much pain. I was really happy that I was able to find Snow, Carpio & Weekely. If you look at my file I've over 3.5 years of paperwork. There’s no way that I would have been able to handle it on my own. They reminded me when I was supposed to go to court and took care of all the legal proceedings."

- Thomas Demott

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We Recommend This Firm To You

"Hello, my name is Jorge Ramirez and my lawyer was Alex Carpio. He is a really good lawyer and I would recommend him to a lot of people. Snow, Carpio & Weekely, have been very professional for me and my wife. Thank you Alex Carpio."

- Jorge Ramirez

At Snow, Carpio and Weekley, PLC, we don’t identify you by your injury or your claim. We recognize you by name and by face. You have an important life with people who look up to you and depend on you. We treat you with that same respect. We will work with you on your Workers’ Compensation or Social Security Disability claims, helping you secure the benefits you deserve; affording you dignity today and hope for the future.

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