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Understanding Re-Opener Rights in Workers' Compensation

It is important to understand that if you are injured in a compensable work related accident, you have the right to receive medical treatment paid for by your employer’s workers’ compensation insurance carrier. This is referred to as authorized medical treatment.

If you settle your case by way of an Order Approving Settlement, then you have two years from the date that you last receive a payment under the settlement award, to file an Application for Review and/or Modification of that award.

The reasons for filing an Application for Review and/or Modification are simple. If you require medical treatment and/or you find your condition becomes worse, then you should contact your Attorney and re-open your case.

You should not seek medical treatment on your own, or process the expenses related to any medical treatment for the injuries that you were compensated for, through your own health insurance or through Medicare.

It is very important that treatment requests be made directly to the workers’ compensation insurance carrier. The only exception is when you require emergent medical treatment and under that scenario, you are permitted to seek emergency medical attention, i.e. at the hospital.

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