If your workers’ compensation case is closed, you may assume that your chance of obtaining benefits is gone for good. However, this is not always true and in many situations, reopening a workers’ compensation case is worth the effort. Here, our workers’ compensation lawyers at Nappa, Monterosso & Poznansky, LLP, explain the reasons why a case may be reopened, the process and timeline, and how our experienced workers’ compensation attorneys in Staten Island can help.
Common Reasons to Reopen a Workers’ Compensation Case
In New York, injured workers can request a reopening of a closed workers’ compensation case under certain conditions. Some of the most common reason someone would decide to reopen a workers’ compensation case include:
Their Medical Condition Has Worsened
Unfortunately, what may seem like a minor injury can turn into something much more serious over time. If your injury or occupational disease has gotten significantly worse since your case was closed, you can reopen it to seek additional medical treatment and other benefits. If a pre-existing condition is aggravated by a work-related injury, you may be able to reopen a completed claim.
New Medical Evidence
New medical evidence, information, or expert opinions that support your position may be grounds to reopen your case. If you didn’t have access to certain specialists or diagnostic tests when your claim was finalized, you may be able to reopen a workers’ compensation case.
Administrative and Factual Errors
Humans aren’t perfect, and mistakes happen. For example, if your income information was calculated incorrectly and you ended up getting a lower wage replacement benefit, you may be able to correct it by reopening your case.
Inactivity
Sometimes workers’ compensation cases are closed because no action was taken on them. If your case was closed without a final resolution or workers’ compensation settlement, you may be able to request that it be reopened.
Misrepresentation or Fraud
If someone like your employer, their insurer or a witness misrepresented facts or perpetrated fraud, you may be able to open your case and set the record straight. However, you must have solid evidence that fraud or misrepresentation occurred.
What’s the Timeline for Reopening a Workers’ Compensation Case in New York?
Generally, you have up to 18 years from the date of the injury or eight years from the date of your last workers’ compensation payment to reopen a case in New York, although this timeline may be shorter in some circumstances.
However, if your workers’ compensation settlement involved a Section 32 agreement, it is unlikely to be reopened unless all parties and the New York Workers’ Compensation Board (WCB) agree. In rare cases, a Section 32 case may be reopened if fraud or misrepresentation can be proven. That’s why it’s vital to have an experienced workers’ compensation lawyer help you understand the terms of any settlement before you accept it to ensure your rights are protected.
How to Reopen a Closed Workers’ Compensation Case
To initiate the reopening process, you must Contact the New York Workers’ Compensation Board and file a Request for Further Action (RFA-2) form. If your condition has worsened, you must provide supporting medical evidence, such as physician’s evaluations, notes, treatment plans, and test results.
You may have to attend hearings so the Board can review your request and consider the evidence you’ve provided. The amount of time it takes to resolve a reopened claim varies widely, depending on the workload of the WCB and the complexity of your case. Our workers’ compensation lawyers can help you understand your rights, gather evidence, and navigate the process efficiently.
How Our Experienced Workers’ Compensation Attorneys Can Help
Reopening a workers’ compensation case isn’t just a matter of filling out a form. You must follow a specific process and persuade the Workers’ Compensation Board that your case warrants another look.
The WCB doesn’t reopen every case. Our workers’ compensation attorneys assess your circumstances, review your medical records and the past decisions about your original claim, and determine whether reopening it is possible or worth pursuing. Your initial consultation is always free, even if we don’t move forward with your case.
If you have new medical evidence or your condition has worsened, we can work with your doctors and specialists to ensure all important details are included. If misrepresentation or fraud by an employer or insurer is the issue, we’re dedicated to holding wrongdoers accountable and helping you get the fair compensation you deserve.
Our team understands the kind of evidence that carries weight with the WCB. Our longstanding professional relationships with those who work in the workers’ compensation division give us a unique perspective that helps us craft winning legal strategies and achieve the best possible outcomes for our clients.
We help you fill out and submit all required forms and evidence in a timely manner, so no important deadlines are missed. We represent you at hearings and fight for your right to reopen your case. Because of our familiarity with local Staten Island courts, judges, and their staff, we know the most effective ways to approach your case and build strong arguments that get results.
Why Choose Us?
Trying to reopen a closed workers’ compensation case on your own can be overwhelming and stressful. If the WCB approves the reopening of your case, insurance companies will push back on any additional benefits you’re seeking. Our tenacious workers’ compensation lawyers know how to counter their tactics and fight to protect your rights.
Our Staten Island attorneys have more than 30 years of experience handling workers’ compensation cases in New York. We’ve helped thousands of injured workers in the greater New York City area obtain the benefits they need and deserve. We’re well-versed in all legal aspects of workers’ compensation appeals, claims and the reopening of cases.
We understand that legal issues can be even more challenging if English isn’t your first language. Attorney and partner Rolando Cubela helps our Spanish-speaking clients navigate workers’ compensation and Social Security Disability claims with respect and compassion.
Contact Our Workers’ Compensation Attorneys in Staten Island
If you’re thinking about reopening a closed workers’ compensation case in New York, our team at Nappa, Monterosso & Poznansky, LLP, can help. Contact us or call 718-273-9000 today to schedule a free consultation with a workers’ compensation lawyer in the greater New York City area.
