Reopening a Workers’ Comp Claim

Reopening a workers’ comp claim in Nevada can be complicated without experienced legal guidance. If your original claim was denied or you have experienced a significant change in your medical condition since the closure of your case, you may be entitled to additional benefits. A skilled Nevada workers’ compensation lawyer can help you understand your rights, gather the necessary evidence, and effectively advocate on your behalf to ensure you receive the compensation you deserve. Whether you need assistance with legal procedures or negotiating with insurance companies, having an experienced attorney by your side can make all the difference in the success of your claim.

Common Reasons for Denial of a Workers’ Comp Claim

Workers’ compensation claims can be denied for various reasons. One of the most common reasons is the failure to report the injury within the prescribed time limits. In Nevada, employees are required to notify their employer of the injury within seven days. Missing this deadline can result in an automatic denial. 

Another frequent reason is insufficient medical evidence to support the claim. Insurance companies often require comprehensive documentation that links the injury to work-related activities. Additionally, discrepancies in the reported accident details or witness statements can also lead to a denial. 

Lastly, if the injury is deemed to have occurred outside the scope of employment or due to the employee’s misconduct, the claim may be rejected. Understanding these common pitfalls can help in better preparing and submitting a workers’ compensation claim.

The Process of Reopening a Workers’ Comp Claim

Reopening a workers’ comp claim in Nevada involves several important steps as follows:

• The injured worker must file a written petition with the insurer or the Nevada Department of Administration’s Hearings Division. This petition should detail the reasons for reopening the claim, including any substantial changes in the medical condition or new evidence that was not previously available. 
• Gathering robust medical documentation is crucial; this might include new diagnostic tests, medical records, or expert opinions that substantiate the need for additional treatment or benefits.
• The insurer will review the petition and may request an independent medical examination to assess the validity of the claims. 
• The insurer will then either approve or deny the petition based on the available evidence.
• If the petition is approved, the benefits may be reinstated, which could include coverage for additional medical treatment, temporary or permanent disability benefits, and other compensations as provided under Nevada law.

Denial of the Petition to Reopen the Workers’ Comp Claim

If the insurer denies the petition to reopen, the injured worker has the right to appeal the decision. This involves filing an appeal with the Nevada Department of Administration’s Appeals Office, where a hearing will be scheduled before an appeals officer. During the hearing, both parties will present their evidence and arguments.

Seeking the Help of a Workers’ Comp Lawyer

Having a skilled workers’ compensation attorney can significantly enhance the chances of a successful appeal by effectively presenting the case and navigating the legal complexities involved. A workers’ compensation attorney will review your case to identify any potential weaknesses or areas that require additional documentation. They will assist in gathering necessary medical records, expert testimonies, and any other evidence that can strengthen your claim. They can also negotiate on your behalf, ensuring that any settlements or benefit reinstatements are fair and just.

Workers’ Compensation Lawyer Jay Short

If you’re facing issues with your workers’ compensation claim or need assistance with reopening your case, trust Jay Short, Attorney at Law. Specializing exclusively in workers’ compensation cases, we are dedicated to securing the compensation you need and deserve. Schedule a free consultation by calling (775) 786-2006, available 24/7. Alternatively, you can reach out to us online.