If you were receiving workers’ comp and your case was closed—but you believe you need to reopen it—contact our workers’ compensation attorneys at Pyrros & Serres LLP in Astoria, NY, at 718-626-7730.
What should you do if your work-related injury worsens after your claim was closed or marked as “ no further action” by the New York Workers’ Compensation Board? Can you reopen a closed workers’ comp case? Having the right information will help you pursue additional medical treatment and even financial benefits when managing new complications.
Reopening a claim doesn’t need to be a hassle. Our workers’ compensation attorneys in New York explain below how and why some people may be able to reopen their cases. Partner with our legal professionals if you think this solution is right for you.
Understanding Workers’ Compensation
Workplace injuries can create significant financial setbacks. Medical treatment and lost wages are just some of the expenses you may expect following an accident. Fortunately, workers’ compensation insurance can help to alleviate some of your burdens.
Workers’ compensation is a form of insurance that supports employees who sustain work-related injuries or illnesses. Some workers require these benefits for months, and even years following an accident, while others recover quickly.
Determining how long an injury will put you out of work can be difficult. For this reason, some employees wonder if they can reapply or reopen old cases when their conditions persist or flare up again.
How Long Do I Have To File?
Initially, under New York’s workers’ compensation law, you have 30 days to report an accident to your employer. It’s best to do so as soon as possible to prevent delays when it comes time to file a claim. Waiting too long may disqualify you from receiving compensation benefits.
After you report the accident, you have two years to file a workers’ compensation claim with the NYS Workers’ Compensation Board. Filing may take time, so be sure to partner with an attorney from our firm to begin the process and assist you with gathering appropriate evidence and documentation.
Knowing when to file for occupational illnesses can be tricky. Some people do not notice severe symptoms until weeks or months after exposure to harmful elements on the job. Workers’ compensation rules allow you to report sickness-related injuries 30 days after the date that you “should know” you have developed a work-related illness.
When Should I Expect Payments?
While you’re waiting for confirmation of your claim, a few situations may arise to delay your receipt of workers’ compensation benefits.
The first may be that the insurance carrier, or even your employer, has denied your claim. In this case, we recommend working with our firm to see why your claim has been denied and to determine whether to pursue an appeal.
Even if you file your claim early, it may take months for the court to administer your claim. However, once you have confirmation that your claim has been indexed, you can access information that explains your benefits in detail.
In some instances, you may be able to close your case by accepting a large, one-time payment. This method is maybe available for those who are left with a permanent disability.
Reasons for Reopening a Workers’ Compensation Claim
Whether your workers’ compensation claim has been controverted or even resolved, in certain situations, you may need to reopen your case. Often, this action is necessary for an injured worker who notices that their medical condition has worsened. New or revived pain may require further medical treatment and time off from work.
It may also be necessary to reopen a claim if you made a mistake on your initial claim. Failing to provide the correct information may prevent you from receiving the maximum benefits. An attorney can review your claim to and determine if any information is incorrect or misleading.
Unfortunately, some workers may need to reopen their cases if their insurance carrier has not paid proper benefits on their claim. Remember that insurance companies often do what they can to pay you as little as possible. Discuss your options with a trusted attorney if you suspect that the insurance carrier is acting or improperly.
Lastly, you may discover new information about your injury or illness. If you resolve your case only to find out weeks later that your condition is likely to return, you may be able to seek further compensation.
Can you reopen a closed workers’ comp case for additional benefits?
In New York, you may be able to reopen your claim.
Suppose you experienced a fall injury in 2018. You applied for workers’ compensation, which paid for medical treatments that helped you recover from a broken hip. Now, a few years later, you begin noticing complications related to your original injury.
You might qualify for additional benefits to cover the costs of new treatment and medication. However, you can expect this process to be somewhat complicated. An attorney from our firm may be able to help you apply for additional benefits.
What If I Cannot Reopen My Case?
Discuss your options with an experienced lawyer if you require further financial assistance but were told that you do not qualify to reopen your case. Also, it may be possible to pursue a personal injury lawsuit against liable parties if you are still within the statute of limitations. Generally, you have three years following an accident to timely file a personal injury claim in New York.
It may also be worth exploring your options for Social Security benefits. Your attorney will help you understand the social security disability process and how to file a claim.
Partner With a Workers’ Comp Lawyer From Pyrros & Serres in New York
At Pyrros & Serres, LLP, our attorneys and staff are dedicated to helping you pursue the benefits that you deserve. We understand that navigating the workers’ compensation claims process can be challenging. For this reason, we offer a free case evaluation to discuss your concerns.
Find out what a scheduled loss-of-use award is and more when you enlist our team. We’ll take the time to build a professional relationship with you. With our team, you’ll have a workers’ comp lawyer and legal team that you can trust.
If you need to reopen a closed workers’ comp case, call us at Pyrros & Serres, LLP, in Astoria, NY, at 718-626-7730.