In order to reopen your claim, you need to submit a written request to the insurer or self-insured employer asking that your claim be reopened for medical treatment. It is best to include your name, social security number, date of injury, employer at the time of injury, and your current address and phone number. If you can include the number of the claim to be reopened, that will help expedite the process.

 A claim may be reopened if it meets certain requirements. It is your burden to provide the necessary medical evidence which justifies having the claim reopened for further treatment. So, to show that your claim should be reopened, you must provide medical evidence showing that: 1) the primary cause of the change in your condition is the original injury; 2) your condition has changed since your claim was closed as shown by objective medical evidence; and 3) you need further treatment to help improve your condition.

Therefore, you should enclose, with your request, a statement from your doctor containing the following information:

a. What your current symptoms are, and how they relate to your original industrial injury.

b. How your condition has changed or worsened as shown through objective medical evidence by your doctor's letter.

c. A statement as to a proposed treatment plan the doctor thinks is necessary to help your condition improve.

d. Whether you can perform the job duties of your injury job or the most recent job you were rehabilitated to do.

You must pay the cost of the original medical examination to substantiate the reopening of your claim. If the claim is accepted, you may be reimbursed for the medical exam.

You should receive a response within thirty days from the date your request and the doctor's report are received. These documents are reviewed by the insurer. You will be notified in writing after a determination is made as to whether your application for reopening is approved or disapproved.

If the reopening is approved, your claim will be opened retroactive to the date your application for reopening was received. However, you may be allowed the cost of emergency treatment, prior to your application date, if there is sufficient evidence to substantiate that the treatment was necessary and done on an emergency basis. Otherwise, costs of treatment between claim closure and reopening are not reimbursed, not paid.

You and your employer will be notified of the right to appeal the decision regarding the approval or disapproval of your reopening request. If your reopening request is denied, you should immediately appeal that determination to the hearing officer. (You are given 70 days, however do not wait until the last few days to appeal). The office of the Nevada Attorney for Injured Workers (NAIW) does not represent at the hearing office level, but we do answer questions about your hearing. You may hire a private attorney or represent yourself at that level. You may be present at the hearing office appeal over the telephone, if you ask in advance. If you fail to appear, or do not timely appeal, you may lose your legal appeal rights. If you do not win at the hearing office level, immediately appeal that decision to the appeals office. (There is a strict 30-day time limit). If you ask, the Appeals Officer will appoint the Nevada Attorney for Injured Workers to represent you at this second level of hearing. NAIW then prepares your case with you, and an NAIW attorney represents you without fee.

Exceptions: