How To Reopen a Workers’ Comp Claim
If your workplace injury or occupational illness worsens, you and your doctor may apply to reopen your workers’ comp claim. There must be medical evidence from an L&I-approved provider stating that, after your claim closed, the condition caused by the original workplace injury worsened and needs more medical attention.
You may apply to reopen your L&I claim by submitting an Application to Reopen Claim through the Washington Department of Labor and Industries (L&I). If your claim was rejected, you will not be able to reopen it; however you can file a claim for a new injury or re-injury of a preexisting condition.
If you have questions about how to reopen your workers’ comp claim and it has been some time since your claim has closed, make an appointment with your doctor so they can help you submit the proper paperwork. You should also contact an experienced L&I attorney right away so they can help make your case.
How Long Do I Have to Reopen a Workers’ Comp Claim?
The amount of time that you have to reopen your Labor and Industries claim depends on the benefits you are seeking:
- For medical treatment only, you may apply at any time.
- For both wage replacement benefits and medical treatment, apply within 7 years of the date your claim was first closed (10 years for eye injuries).
- If your claim has been closed for more than 7 years, you may apply for medical benefits. However, only the L&I Director may grant additional disability benefits such as wage replacement or disability awards for these claims.
Once you submit your application to reopen a workers’ comp claim, L&I has 90 days from receipt to approve or deny it — although they can choose to extend the decision-making period by an additional 60 days. Reasons for an extension could be:
- L&I is unable to schedule and obtain the results of an Independent Medical Examination (IME).
- The doctor has failed to respond to L&I’s requests for clarification or additional information.
What Do I Need to Reopen a L&I — Workers’ Comp Claim
If your injury or occupational illness worsens, you and your doctor may apply to reopen your L&I — workers’ comp claim by completing the Application to Reopen Claim Due to Worsening of Condition on the L&I website. You must provide objective medical evidence that after your claim has closed, your work-related injury or illness has worsened and needs more medical attention.
Your provider will need to provide certain information including the following:
- Current symptoms
- First date of your visit after claim closure
- Whether the symptoms are the result of the covered injury
- Critical medical findings supporting a measurable worsening of workplace injury or illness
- Determination of the degree of worsening of the injury or illness
- If the injury prevents you from working
- Description of any physical limitation or restrictions preventing you from working
- Whether light or modified-duty is a viable option for returning to work
- All medical factors that might impede or influence your recovery
- A specific curative treatment plan
- A final diagnosis
Get Help Reopening Your L&I — Workers’ Comp Claim
The process of reopening a Labor and Industries claim can be complex and difficult. If you have applied to reopen your claim but your claim was rejected or your application to reopen has been denied, you should immediately seek advice from the L&I Attorneys at Emery | Reddy, PLLC. Failure to act in a timely fashion could result in the permanent denial of benefits.
HOW IT WORKS
Watch This Video to Learn More about How Employment Law and L&I Claims Work Together
Your L&I Claim Is Worth More If You Also Have an Employment Claim
A significant number of L&I — workers’ compensation claims often involve additional legal claims such as employment or third-party claims. Many people file their claims without seeking representation from an L&I attorney and thus never discover that in addition to their L&I claim, they may be missing out on the ability to file an employment claim or a third-party claim. Pursuing additional legal action with the help of an experienced workers’ compensation attorney has the potential to significantly increase a claim’s overall compensation. At Emery | Reddy, our experienced attorneys practice both Employment and Workers’ Compensation Law, which means we will investigate all aspects of your claim to make sure you aren’t missing out on any potential benefits.
What Is an Employment Claim?
Many injured workers find that their employer has taken, or plans to take, adverse action against them because they filed an L&I claim or they are out of work. You can file a lawsuit against your employer for several reasons, including retaliation, wrongful termination, disability discrimination, or unpaid wages. An L&I attorney who is experienced in both L&I — Workers’ Compensation Law and Employment Law can help you with your L&I claim while simultaneously filing a federal or state law claim for the violation of workers’ rights by your employer.
What Is a Third-Party Claim?
A third-party claim is one in which someone other than your employer or co-worker is responsible for your injury. If you have been injured on the job due to someone else’s actions or negligence, you may be entitled to additional compensation through a third-party claim, which combines your L&I claim with a personal injury claim using the same facts.
Unlike workers’ compensation payments, there is no limit to the amount of compensation an injured worker may seek in third-party damages. Third-party claims are private matters and are typically litigated directly with the Washington State Superior Court.
Who Is at Fault for a Workplace Injury?
L&I is a no-fault system, ensuring compensation for any workplace injury. However, if a third-party is involved in causing the injury, you may be able to pursue legal action against them for additional compensation under third-party claims.
How Do I Know If I Have a Strong L&I Claim?
If you have an L&I claim or wonder if you have a personal injury case, ask yourself the following:
- Have I been denied the medical care benefits to which I am legally entitled?
- Has L&I asked me to undergo an Independent Medical Exam (IME)?
- Do I have questions about the L&I claim process?
If any of the above apply to you, Emery | Reddy may be able to help.
Navigating a workers’ compensation claim can be difficult and very time-consuming, especially when you’re ill or injured. You want to focus on healing and make sure your bills are paid, but if you don’t file things properly or on time, your health, home, and job could be in jeopardy. Many individuals miss out on much-needed L&I benefits because they don’t understand what to do or how to get the most compensation for their injuries. If you are experiencing any challenges in your case, a workers’ compensation attorney can assist you. By contacting Emery | Reddy as soon as possible after you’ve been injured, we can help you avoid the common pitfalls of filing and navigating an L&I claim. Our Seattle L&I Attorneys are here for you every step of the way.
Emery | Reddy Can Help You with Your L&I Claim
Emery | Reddy is the only law firm in Washington state that is equipped to provide comprehensive representation on your case from every angle. Our Seattle L&I Attorneys thoroughly assess every case to determine if our clients have additional claims, and at times this can extend far beyond the underlying workers’ compensation claim.
If you have been injured in the workplace call Emery | Reddy today for a Free Case Review with an experienced Intake Specialist to learn more about how Emery | Reddy may be able help you today. No fee unless we recover for you.
Want More Information?
L&I — workers’ compensation claims can be denied for any number of reasons. See how we can help you reverse the status of a denied claim.
The Labor and Industries claim process is anything but straightforward. Find out the answers to your L&I — workers’ comp questions today.
If you have been injured on the job due to someone else’s actions or negligence, you may be entitled to additional compensation through a third-party claim.
WE FIGHT FOR YOU
Meet the Team
The L&I Attorneys at Emery | Reddy, PLLC are passionate about helping workers with L&I claims and Employment and Labor Law issues. We Help Workers®. It’s our motto and what drives us every day.
We know how L&I and big companies think, and we understand the tactics they use. Our Seattle L&I and Workers’ Compensation Attorneys use that knowledge coupled with over eight decades of experience to help our clients get access to the L&I benefits to which they are legally entitled and hold employers accountable when they break the law.
If you’re struggling with an L&I claim, injury, or legal issue at work, call us for a Free Case Review with an experienced Intake Specialist to learn more about how Emery | Reddy may be able to help you today. No fee unless we recover for you.
“The firm was super in helping me with my L&I case. I am very happy and grateful for their hard work. Special thanks to the K team, Karolina and Kati for excellent work in reaching a great settlement.”
— James Bals
Receive a
FREE Case Review
