The legal clock never truly stops ticking when it comes to workplace injuries. Even after your workers’ compensation case closes, your body continues its own timeline of healing, or sometimes, deterioration.
When medical conditions worsen or new injury-related complications arise, is it possible to reopen a workers’ compensation claim?
Possible under certain circumstances
The New Jersey workers’ compensation system permits reopening a case when:
- Your medical condition has worsened since the settlement.
- You require additional medical treatment related to the original injury.
- Your disability has increased, affecting your ability to work.
- New evidence about your injury has emerged.
- The original settlement contained errors or fraud.
- You settled before reaching maximum medical improvement.
To reopen such a case, you need to demonstrate a change in your medical condition. This generally includes medical evidence, such as reports from your doctor, to support your claim. You also need to prove that the change is related to your original workplace injury.
You have two years from your last payment or approved settlement order to complete the process. You will likely lose your right to more benefits if you miss this deadline. This could negatively affect your health and finances.
The reopening process
Reopening a workers’ compensation case often involves several important steps:
- Submitting a formal petition with the Division of Workers’ Compensation.
- Providing medical documentation of your changed condition.
- Attending hearings to present your case.
- Possibly undergoing new medical examinations.
Reopening a workers’ compensation case, however, can be challenging and lengthy.
Why legal help matters
The insurance company involved in your case will likely dispute your request. As reopened cases often represent additional costs, they may argue that your current problems stem from new injuries or unrelated causes.
It is often best to have someone with legal knowledge and experience on your side when pursuing additional compensation for your injury. A skilled attorney can evaluate if your case qualifies for reopening and file all required documents correctly and on time. Most importantly, they can fight for the full benefits you deserve.