If your condition deteriorates and your claim is not fully closed, you can reopen a workers’ compensation case. For instance, this could occur should you reinjure yourself when returning to work and fail to resolve your case. Usually, you can reopen your case by submitting a Petition to Reinstate Compensation Benefits using Workers’ compensation lawyers in Chesapeake. You could be able to request to have your compensation reinstated three years following your final benefit check.
When Can You Reopen a Workers’ Comp Case?
You might be eligible to restart your work-injury lawsuit if you fit two conditions. The first is whether your condition worsens and is not attributable to outside variables like aging or an accident unrelated to your job. The second condition is that, initially, your case wasn’t closed.
- Your Job-Related Condition Gets Worse
Should your illness deteriorate, you might be qualified to reactivate your workers’ comp claim. You must be able to link your present condition back to the original employment injury if this exception is to apply. For instance, your condition may worsen if you damage your ankle and have to put pins in it, as the pins will loosen with natural wear and strain.
Another scenario in which this might be relevant is if your treating physician notes expressly that the present treatment is only temporary. In both of these situations, you might be able to link your original injury to your declining state.
If you sustain a second injury upon returning to work, you can also be entitled to more compensation or reopen your claim. You might not fit the requirements if unrelated events (such as aging or an accident) aggravate your job-related condition. For instance, you most likely do not qualify for reopening your case if you have a knee injury and find yourself in a non-work-related vehicle accident that damages that knee once more.
- Your Previous Compensation Case is not closed yet
The second criterion you have to satisfy to be qualified to reopen your case is that it is still, in some sense, open. Should you and the insurance company reach a final settlement covering all facets of your claim—medical and lost income, for example—you might be unable to reopen it later.
Sometimes, this final settlement looks like a Compromise and Release contract. Under these kinds of agreements, the settlement you consent to is the sum you may get for your case. Sadly, if you signed this kind of agreement, opening your case to gain extra advantages would not be possible.
The Role of an Attorney in Reopening a Claim
Without legal help, negotiating a workers’ compensation claim reopening can be difficult and taxing. With many years of combined expertise, workers’ compensation lawyers have a proven record of assisting injured employees in getting their due compensation.
An expert compensation attorney can offer great assistance by:
- Evaluating Whether You Have a Good Reason for Reopening Your Claim
- Compiling and arranging the required medical records and other proof.
- Ensuring all documentation is accurately filed within the necessary time constraints helps to file the Petition.
- Representing you in negotiations and hearings to defend your rights.
Conclusion
Starting a workers’ compensation claim can be a lifeline for employees whose conditions have worsened or who have fresh data proving they require more benefits. Although the procedure can be difficult, with appropriate legal help, you can negotiate these complications and get the pay you are due.
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