QUESTION
Can I open up an old workmans compensation case? How?
Asked on Jul 06th, 2015 on Personal Injury - Illinois
9 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Assuming that there are no special rules relating to WC cases, it is only rarely possible to reopen a case three years after it was concluded. You would have to show a huge miscarriage of justice, fraud on the court of a substantial and material nature, or something similar.
Answered on Jul 10th, 2015 at 7:08 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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In Montana, it would be possible depending on the year of your injury. If you have not claimed any medical treatment and returned to working during those three years, it is unlikely you can prove what you need to reopen a stale claim file. You should consult with a workers compensation attorney with experience immediately to either pursue a reopening or figure out a different solution.
Answered on Jul 07th, 2015 at 11:21 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It may be possible to do this.
Answered on Jul 07th, 2015 at 7:48 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes you have five years from DOI to do it.
Answered on Jul 07th, 2015 at 2:20 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not if it was closed and settled. See an attorney.
Answered on Jul 07th, 2015 at 2:16 AM
Ronald A. Steinberg
It depends on whether you settled it, waiving future medicals.
Answered on Jul 07th, 2015 at 2:11 AM
James Eugene Hasser
Probably not. Go to the lawyer you used to settle the case and ask him or her.
Answered on Jul 07th, 2015 at 2:01 AM
If you did not make a full and final settlement, in California you have 5 years from the date of the injury to reopen for new and further disability. Since you do not tell us why you wish to reopen the matter, I can not say anything more.
Answered on Jul 06th, 2015 at 5:22 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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In order to answer your question, can you please provide a brief description about how your workers' compensation was closed three years ago?
Answered on Jul 06th, 2015 at 5:21 PM