Can a Workers’ Comp Case be Reopened in Missouri?

Dealing with a workers’ compensation case can be challenging, especially when you think it is closed for good. But what if there was a possibility to reopen it?  

The Law Offices of Joe Phillips can guide you through this process with an approachable yet professional touch. Serving Missouri residents in St. Louis, St. Charles County, Jefferson County, and St. Louis County, the firm fights to protect your rights every step of the way.  

Here are the implications of reopening a workers' comp case in Missouri. 

Understanding Workers' Compensation in Missouri 

Workers' compensation is a state-mandated insurance program that provides benefits to employees who suffer job-related injuries or illnesses. This system is designed to cover medical expenses, lost wages, and disability benefits. However, there are instances where the initial settlement may not be sufficient to cover the long-term effects of an injury. 

The Missouri workers' compensation system is overseen by the Division of Workers' Compensation. They handle disputes and provide guidance on the laws and regulations governing workers’ comp claims. You must understand these laws to know if and when a case can be reopened. 

Reasons to Reopen a Workers’ Comp Case 

Reopening a workers’ comp case in Missouri is far from simple. There are specific circumstances that justify revisiting a settled claim. These include 

1. Worsening condition: A primary reason for reopening a workers' comp case is worsening the employee's medical condition. Additional medical attention and benefits may be necessary if the injury or illness has deteriorated beyond what was initially assessed at settlement. 

2. New evidence: Discovery of new evidence that impacts the original settlement can be another reason to revisit a workers' comp case. This could include medical reports or witness testimonies unavailable during the initial proceedings, possibly affecting the outcome and entitlements. 

3. Fraud or mistake: If fraud or a mistake is suspected in the original claim process or settlement, reopening the case may be warranted. This could involve errors in medical evaluations, calculation of benefits, or any fraudulent activities affecting the fair resolution of the claim. 

Missouri Laws Governing Reopening Workers’ Comp Cases 

Missouri law allows for reopening workers' compensation cases under certain conditions. According to Missouri Revised Statutes Section 287.470, a case can be reopened within two years of the last payment if there is a change in the condition of the injured worker. This change must be substantial and directly related to the original injury. 

If the original settlement was based on a mutual mistake or fraud, the case could be reopened. The burden of proof lies on the injured worker to show that the new circumstances warrant a reconsideration of the case. 

The Process of Reopening a Workers’ Comp Case 

If you believe your workers' comp case should be reopened, the first step is to file a petition with the Missouri Division of Workers' Compensation. This petition should mention why the case should be reconsidered, along with any new evidence or medical reports. 

Once the petition is filed, the Division will review the case and may schedule a hearing. During this hearing, both parties will have the opportunity to present their arguments. It’s essential to have a knowledgeable attorney representing you during this process to ensure that your case is presented effectively. 

Medical Evidence and Documentation 

A key component in reopening a workers' comp case is providing substantial medical evidence. This evidence should demonstrate how the condition has changed since the original settlement and how it impacts your ability to work. 

You can strengthen your case by gathering updated medical records, obtaining new diagnostic tests, and getting statements from medical professionals. You must keep detailed records of all medical treatments and communications with healthcare providers. 

Common Challenges in Reopening a Case 

Reopening a workers' comp case is not without its challenges.  

• Proving a change in condition: Demonstrating a significant change in the medical condition since the original settlement can be difficult. The burden of proof is on the claimant to provide compelling evidence that justifies reopening the case. 

• Time constraints: Missouri law imposes a strict timeframe within which a workers' comp case can be reopened. If a petition is not filed within this period, the opportunity for reconsideration may be lost, regardless of the merits of the situation. 

• Potential legal complications: Reopening a workers' comp case involves dealing with complicated regulations and may encounter resistance from employers or insurance companies.  

Preparing for the Hearing 

If the Division schedules a hearing, it is essential to be well-prepared. Your attorney will guide you through this process, helping you understand what to expect and how to present your case effectively. 

During the hearing, both parties can present evidence and arguments to convince the judge that the new circumstances warrant a reconsideration of the case. Being well-prepared and having strong evidence can significantly increase your chances of a favorable outcome. 

Potential Outcomes 

Reopening a workers' comp case can have several potential outcomes. If the judge agrees that the new circumstances justify reopening the case, the original settlement may be modified to reflect the updated condition of the injured worker. 

This could result in additional medical benefits, increased disability payments, or other forms of compensation. On the other hand, if the judge finds that the new evidence is insufficient, the original settlement will remain unchanged. 

Workers’ Compensation Attorney in St. Louis, Missouri 

At the Law Offices of Joe Phillips, Patrick Joseph Phillips, Attorney at Law fights for clients in St. Louis, St. Charles County, St. Louis County, and Jefferson County. If you have been injured at work, don't hesitate. Consultations are free, and you pay nothing unless you settle your claim—so call or reach out to schedule a consultation today.