Sometimes, a worker’s job-related medical condition worsens after they’ve already resolved their workers’ compensation claim. In these circumstances, the worker can request to reopen their claim and seek additional benefits to cover their newly worsened condition. To do so, they will need to file a motion to reopen with the Department of Workers’ Claims and explain their reason for doing so.
When Can You Reopen a Kentucky Workers’ Compensation Claim?
A worker may have the right to reopen a workers’ comp claim under certain circumstances. According to KRS 342.125, some common reasons why a worker might reopen their workers’ compensation claim to seek additional Kentucky workers’ compensation benefits include:
- Change in condition – Workers most frequently move to reopen claims due to a deterioration in the condition of a work injury that requires additional medical treatment or time off from work.
- Fraud – A worker may seek to reopen a case alleging that their employer committed fraud in resolving the claim.
- Mistake – A motion to reopen may seek to correct a mistake made by the parties or by the department.
- Newly discovered evidence – Workers may reopen claims to present new evidence not previously available to them that supports a contested issue in the parties’ litigation.
Under Kentucky law, a worker typically must file a motion to reopen within four years of an original award or order granting or denying benefits. Furthermore, no party may file a motion to reopen within a year of the other party’s prior motion to reopen.
How to Reopen a Workers’ Compensation Claim in Kentucky
An injured worker who requests additional benefits must understand how to reopen a workers’ compensation claim in Kentucky. The process of reopening a claim begins with filing a motion to reopen with the Department of Workers’ Claims. In the motion, the worker must identify the grounds on which they seek to reopen their claim, provide an explanation to justify reopening the case, and include supporting documentation.
What Benefits Can You Receive After Reopening a Claim?
An injured employee with an existing workers’ comp claim may be eligible to reopen their claim to seek various workers’ compensation benefit payments, such as:
- Additional medical expenses to treat a recurrence or worsening of work injury symptoms, including surgeries, physical therapy, or medications
- Reinstated or increased temporary total disability benefits
- Permanent partial disability or permanent total disability benefits
Do You Need a Workers’ Comp Lawyer to Reopen a Claim in Kentucky?
Strictly speaking, the Kentucky Department of Workers’ Claims, which oversees workers’ compensation cases, does not require an injured worker to have legal representation to reopen their benefits claim. But that does not mean it is a good idea.
Hiring an attorney is almost always the best path. The experienced workers’ compensation attorneys at Morgan, Collins, Yeast & Salyer can help you meet the procedural requirements to reopen your claim and present a compelling argument for additional benefits.
Contact us today for a free consultation with a workers’ comp lawyer at our law firm to learn more about the process of reopening a claim after suffering a work-related injury in Kentucky.
