You can reopen a workers’ compensation case if your condition worsens and your claim isn’t completely closed. For example, this might happen if you reinjure yourself after returning to work and you didn’t enter into a final settlement for your case. In most situations, you might reopen your case by filing a Petition to Reinstate Compensation Benefits. You may have three years after receiving your last benefit check to ask to reinstate your compensation.
Krasno, Krasno & Onwudinjo is deeply invested in helping injured workers restore their dignity and get the financial support they need. We understand that, for many, the idea of being unable to work can be incredibly unsettling. Our Pennsylvania workers’ compensation lawyers aggressively pursue benefits for our clients by using our extensive knowledge of the law and our longstanding legacy. Our team includes a former Workers’ Compensation Judge, who oversees the cases and reviews settlement proposals.
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When Can You Reopen a Workers’ Comp Case?
You may be able to reopen your work-injury case if you meet two criteria. The first is if your condition gets worse and it’s not due to outside factors like aging or a non-work-related accident. The second criteria is that your case wasn’t completely closed in the first place.
Your Job-Related Condition Gets Worse
You may qualify to reopen your workers’ comp case if your condition worsens. For this exception to apply, you need to be able to trace back your current condition to the original work injury. For example, if you hurt your ankle and have to have surgery to put pins in it, your condition may worsen as the pins loosen with normal wear and tear. Another situation where this might apply is if your treating physician specifically notes that the current treatment is a temporary solution. In both of these cases, you may be able to draw a connection between your worsening condition and your original injury.
If you suffer a second injury after returning to work, you may also qualify for additional benefits or to reopen your claim. But if your job-related condition worsens because of unrelated factors (like aging or an accident), you may not meet the criteria. For example, if you have a knee injury and get into a non-work-related car accident that hurts your knee again, you probably do not qualify for reopening your case.
Your Workers’ Comp Case Isn’t Completely Closed
The second requirement you have to meet to qualify to reopen your case is for it to still be open in some respect. If you and the insurance company entered into a final settlement that covered all aspects of your claim (e.g., medical and lost wages), you may not be able to reopen it later. This type of final settlement sometimes takes the form of a Compromise and Release agreement. Under these kinds of contracts, the settlement you agree to is the total amount you can receive for your case. Unfortunately, if you entered this type of agreement, reopening your case to get more benefits may not be an option.
Example of When You Can Reopen a Workers’ Compensation Case
Imagine that you hurt your knee in a work accident. You have surgery on the knee, but there is extensive damage. Your doctor thinks the operation may only be a temporary solution for your knee injury and that you may eventually need to replace your knee. After continued use of your knee, it gets worse, and your doctor recommends a total knee replacement.
In that situation, the knee replacement is likely the result of your original work injury for several reasons. First, your doctor noted back when you had your first surgery that your knee may need to be replaced in the future. Second, your doctor specifically stated that the replacement is because of the work injury.
Under those circumstances, you may be eligible for additional benefits if your workers’ comp case isn’t completely closed. If you entered a closed settlement, you may be unable to reopen your case.
How to Reopen a Workers’ Comp Claim
Under Pennsylvania law, reopening a workers’ comp claim may require you to file a Petition to Reinstate Compensation Benefits. This petition requests workers’ compensation benefits that are in addition to what you have already received. Other situations where workers may file this type of petition include if they were on light duty work or had returned to their job but need additional medical care or can no longer work. To qualify to reinstate your benefits, you need to show that your injury is worse than it was before and that your condition is the result of the original work accident.
How Long Do You Have to Reopen Your Workers’ Comp Case?
In many cases, you need to file your petition to reinstate benefits within three years after you receive your last workers’ compensation payment. If you don’t bring your case within this statute of limitations, you may miss out on the opportunity to do so. In some situations, an exception may apply that gives you additional time to file the petition. If you have questions about what deadlines apply to your case and how to meet them, consider working with a seasoned lawyer for workers’ compensation.
How Difficult Is It to Reopen a Closed Workers’ Compensation Case?
The type of injury you have and how it impacts your functioning may make it more or less challenging to reopen a closed workers’ comp case. If your condition has worsened to the point that it affects your employment, then it may be easier for you to persuade the Workers’ Compensation Judge that you qualify for additional benefits. Another factor that can increase your chance of successfully reinstating your benefits is if you need surgery or other significant medical care to treat your condition. Finally, filing your claim on time can increase your chances of successfully requesting additional benefits.
What Are Your Options If You Can’t Reopen Your Claim?
If reopening your claim isn’t an option for you (e.g., because of a closed settlement), there may be other ways to secure compensation. For example, if you wanted to reinstate your benefits because of a worsened or second injury, you may be able to file an entirely new workers’ compensation claim. In some reinjury cases, you may be eligible to file a subsequent injury fund petition. You may also have the option to appeal the denial of the petition to reinstate your benefits. Finally, if you have a closed settlement but you think it’s legally unenforceable (e.g., because of fraud), you may be able to ask a court to examine the agreement and set it aside.
Krasno, Krasno & Onwudinjo: We Can Help You Reopen Your Workers’ Compensation Claim
If your condition gets worse or you reinjure yourself after going back to work, reinstating your work-injury benefits may be possible. Getting compensation again may allow you to take time off work to heal or receive the medical care you need to recover. Instead of tackling this matter by yourself, consider working with a battle-tested legal team that can help.
The lawyers at Krasno, Krasno & Onwudinjo have helped hundreds of thousands of Pennsylvania workers get the compensation they deserve after a job injury. We understand that employers and insurance companies don’t always make it easy for workers to access the benefits they are entitled to under the law. But our team puts in the time and energy necessary to fight for every penny our clients are eligible for. Geoffrey Dlin, a managing partner at the firm, is a former Workers’ Compensation Judge who returned to private practice after over 15 years on the bench. He felt called to return to the fight to provide injured workers with the skilled and effective representation they need.
If you want to know if you can reopen your workers’ comp case, contact us today by calling 844-948-2338 to schedule a free, no-obligation consultation.