What to Do if You Are Re-Injured After Returning to Work
Arizona workers’ compensation is intended to help those suffering from work-related injuries or disabling conditions. However, it may be unclear if workers’ compensation will cover new injuries sustained after you’ve returned to work.
The answer depends on the nature of the workplace injury, its effects on your ability to work, and the terms of your prior workers’ compensation settlement.
If you have received a new injury at work or are experiencing worsening effects of symptoms of one, the experienced workers’ compensation attorneys at the Matt Fendon Law Group can help. Call us at (800) 229-3880 to talk with an Arizona workers’ compensation attorney who can help break down your options when re-injured after returning to work.
When Can I Receive Additional Compensation For A New Or Worsened Work Injury?
Several scenarios may justify additional compensation and benefits when you’ve been further injured after returning to work. For example:
- You may suffer a new injury distinct from the prior work-related injury
- Your current injury for which you are receiving workers’ comp benefits worsens
- You had a pre-existing injury or medical condition aggravated by an on-the-job injury
What if I Receive a New Injury at Work?
Arizona workers’ compensation is a form of insurance that is not limited to a single claim. If you experience a different work-related injury later on, you can still rely on it for coverage.
For example, imagine that you are receiving workers’ compensation for an injury to your back resulting from lifting heavy loads. Then, one day later, a forklift runs over your foot. The foot injury would be considered a new injury and can be the basis for a new workers’ comp claim.

What if My Existing Work-Related Injury Gets Worse?
If you already receive benefits from a workers’ comp settlement and it worsens, the claims process to receive new or additional benefits can be more difficult to pursue.
In these situations, if you haven’t reached a full and final settlement on your original workers’ comp claim, you can file a petition to reopen with the Industrial Commission of Arizona (ICA) to reopen your closed claim to seek additional benefits.
Petitions to reopen the ICA can be completed online or on paper.
To successfully reopen your workers’ comp claim, you must show in your petition that a new, additional, or previously undisclosed temporary or permanent condition exists. A current medical report establishing that your new symptoms are the direct and natural result of the work injury will also be required, making your doctor a key ally in this process.
Once the ICA has your petition and the medical report, it will send a Notice of Petition to Reopen to the workers’ compensation insurance company. The insurer will have 21 days to decide whether to reopen your closed claim.
If the insurance company agrees to reopen your closed claim, you can receive payment for reasonable and necessary medical bills that you incur within 15 days after the ICA files the petition to reopen.
Note: you cannot receive surgical benefits or monetary compensation for medical care you incur before the petition to reopen filing date.
If the insurance company declines to reopen your claim, you will have 90 days to protest that decision and request a hearing from the ICA. This can be done through a written letter to the ICA or by submitting a signed Request for Hearing form. If you do not protest the insurer’s decision within the 90-day period, the insurer’s refusal to reopen the claim becomes final.
Is Your New Injury An Aggravation Of An Old Injury?
It is also possible to have old injuries unrelated to your work worsen after a workplace accident. This would be considered an aggravation of an old injury.
Sometimes, workers’ comp insurance providers may dispute claims involving aggravated injuries, arguing that the worsening is due to a natural degenerative process rather than a new injury.
Working with an experienced workers’ compensation attorney can help overcome insurer attempts to avoid paying out on claims. Along with your doctor’s help, an Arizona workers’ comp attorney can be instrumental in establishing the new injury as a substantial contributing factor.
Do You Have a Full and Final Settlement to Your Workers’ Comp Claim?
Arizona workers’ compensation law allows you to enter into a full and final settlement with the workers’ compensation insurer once your injury or condition has become stationary. In this context, “stationary” refers to a medical condition that has reached a point where it is not expected to improve or worsen significantly.
Reopening a closed claim with a full and final settlement can be extremely difficult. This is because a full and final settlement assumes that you have considered the possibility that your condition might worsen in the future.
Unless you can show that the insurer’s fraud influenced the process of entering into the full and final settlement, you will likely not be able to reopen it.
Talk to a Phoenix Workers’ Compensation Lawyer Today
At the Matt Fendon Law Group, our highly skilled and compassionate workers’ compensation lawyers are ready to help you with all aspects of your workers’ compensation claims.

We can help you:
- Understand the workers’ compensation process to obtain workers’ compensation benefits.
- Deal with your employer. Employers often try to intimidate or take advantage of injured workers. The attorneys at Matt Fendon Law Group will stand up for your rights.
- Negotiate with the insurance carrier. Insurance carriers are less likely to deny reopening your claim when you have a skilled and aggressive attorney in your corner.
- Receive the compensation you deserve. Our attorneys will fight to get you the benefits you need and deserve for both initial and reopened cases, including repayment of lost wages.
- Represent you at the hearing. If the workers’ comp insurer denies your request to reopen a closed claim, our attorneys will represent you and argue on your behalf before the ICA.
- Handle your appeal. If your petition to reopen a workers’ compensation claim is denied, our experienced workers’ compensation lawyers can help you assemble the most potent argument on your behalf within the tight 90-day appeal deadline.
- File a civil lawsuit. Litigation may be necessary if your employer fails to maintain workers’ compensation. We can file a lawsuit on your behalf.
Call us today at (800) 229-3880 to schedule a confidential, free consultation with an experienced workplace injury lawyer in Phoenix. Or, if you prefer, you can contact us online to ask a question or to schedule a free consultation.
We have offices in Phoenix, Prescott, Flagstaff, Scottsdale, and Tucson. Let us show you how we can help you with your Phoenix workers’ comp case. We will provide straightforward advice, show you how to navigate the workers’ comp claims process, and help you understand your legal options.