When you suffer an injury on the job, workers’ compensation gives you the right to receive medical care and compensation for any injury-related wage loss. Eventually, all workers’ compensation cases end, but sometimes claimants can reopen a case to receive more benefits. If you want to reopen your claim, time is of the essence. Are you wondering, “How long do I have to reopen a workers’ comp claim?” If so, keep reading to learn more about the timeframe and the process of reopening a workers’ compensation claim.
Can you Reopen a Workers’ Comp Case?
In many situations, yes. Generally, you have two years to reopen, and you must prove certain changes to your circumstances to receive a reopening. You can reopen any of the following matters in a workers’ compensation case:
- A judgment,
- A formal award,
- A determination, or
- An order approving a settlement.
However, you cannot reopen a court-approved lump-sum settlement under section 34:15-20 of the New Jersey statutes. This type of lump-sum settlement is often called a “Section 20” settlement. If you have concerns about your right to reopen a claim, we can review your case and lay out your options for obtaining more compensation to address your injuries.
What Must I Prove to Reopen My Claim?
To reopen your case, you must prove that your injury-related incapacity has increased. If your move is successful, you could receive more benefits. However, you need to keep an eye on your symptoms and act quickly when you notice changes in the way your work injury affects you.
How Long Do I Have to Reopen a Workers’ Comp Claim?
You have two years from the date of the last payment you received for your work injury to reopen your workers’ compensation claim. This deadline may be extended if you suffer mental incapacitation within those two years. Speak to us right away about your need to reopen your workers’ compensation case. We can file your request in a timely manner and ensure you receive the increase in benefits you deserve.
Can My Employer Reopen My Claim?
Yes. Your employer has the right to ask for a review of a judgment, award, or settlement approval in your case if it can prove that your disability has decreased.
What Happens When You Reopen a Workers’ Comp Case?
Reopening a workers’ compensation case can involve litigation and require lengthy preparation. Below is a description of what that preparation often involves.
Filing to Reopen Your Case
To reopen your workers’ compensation case, you may have to file an application for review or modification of the decision in your case. You must submit your application to the state’s Division of Workers’ Compensation. After submitting your application, the workers’ compensation court will likely set your case for a hearing. The hearing will require you to prove a worsening of your condition that warrants reopening your case.
Proving Your Right to Additional Benefits
Arguing your claim to reopen before the court is fact-intensive and may require significant evidence. Proof of your entitlement to additional benefits could include:
- Medical records,
- Expert testimony from your healthcare providers,
- Testimony from you about your symptoms and needs, and
- Expert testimony from vocational professionals.
Leading up to the hearing, you may have to attend appointments with your healthcare providers and your employer’s providers. You may also have to make formal requests for documents, such as medical or vocational records, to prove your position. We have been handling these matters for years and know how to use the legal tools necessary for obtaining the best evidence in your case.
If a judge of workers’ compensation (JOC) agrees to reopen your case, you can resume receiving benefits. But if the JOC denies your request to reopen, you can appeal that decision to the New Jersey Appellate Division of Superior Court. Employers and their workers’ compensation insurance providers do not part with their resources easily, so hiring a skilled and experienced workers comp attorney can be vital to your request for reopening.
Contact Petro Cohen for Your Workers’ Compensation Claim
Workers’ compensation is a highly technical field that often requires a detailed understanding of the law and effective communication of a claimant’s medical, professional, and personal needs.
When it comes to something as important as proving your right to life-sustaining benefits, you should have excellent representation. You can find excellent representation and expect results at Petro Cohen.
Our workers’ compensation team has over 100 years of combined experience. Our lead attorney, Frank Petro, has received top honors from the legal community every year for nearly 30 years straight.
Contact our firm today to schedule a consultation.
Loading...