Reopening A Workers’ Comp Claim
Did Your Work Injury Get Worse Instead Of Better?
You may have returned to work. You may have stopped medical treatment. You may have taken a disability settlement. That doesn’t necessarily mean your workers’ compensation claim is closed forever.
If your condition has worsened since you closed or settled your claim, you may qualify to reopen your workers’ comp case. The attorneys of Ginsberg & O'Connor, P.C., can help you get the benefits you need if your work-related injury has flared up or gotten worse.
Find out if you qualify
We have helped clients in Burlington County and surrounding New Jersey reopen their work injury claims. Find out where you stand in a free consultation at 856-437-0969.
It Is Possible To Reopen A Workers’ Compensation Claim
Employees have the right to take a lump-sum settlement of their workers’ comp claim, in exchange for discontinuing benefits and closing their case. Taking a payout sometimes makes sense for a permanent partial disability such as a loss of a finger or for a permanent total disability when the person cannot work at all.
But settling your “workman’s comp” claim assumes that your health will improve or stay the same. If your condition deteriorates after you have taken a settlement, you could be out of luck. Or you may qualify to reopen your claim if:
- Your worsened condition is related to your original work injury
- Your medical condition merits additional benefits
- It is less than two years from the date of injury or your last medical benefits
There Is A Lot At Stake For You
Your eligibility also depends on the terms of your original settlement. A Section 20 settlement is usually considered final, while a Section 22 settlement can be reopened by a judge if you meet the criteria.
Our experienced workers’ comp attorneys can determine if you have grounds to reopen your case. We will represent you in proceedings before an administrative law judge to reinstate your medical and/or wage benefits.