Can a workers comp case be reopened? Yes, it can. However, in most cases, you will need to open your case within the time frame allowed under the law, and you will need to have compelling evidence to prove why your case should be reopened.
Reasons to Reopen a Case
If you’ve filed a claim for workers compensation benefits, regardless of whether your claim was denied or settled, there are several reasons you may want to reopen your case. The main reason would be that your condition has worsened. Other reasons you may need to reopen a workers compensation case include the following:
- A legal or factual mistake was made.
- The involved insurance company committed fraud.
- Your wage-earning capabilities have diminished.
- You have new evidence of your medical injury.
Time Frames for Reopening a Workers Compensation Case in New York
Workers compensation laws can be confusing, so if you’re considering opening your case, you may want to discuss your options with a workers comp lawyer who focuses on New York workers compensation law. Depending on the circumstances of your case, there are two statutes of limitations for reopening a closed workers comp case:
- If no award was made in your case, you can reopen your case with new evidence within seven years of the date of your injury.
- If an award was made in your case, your application to reopen must be filed within eighteen years of the date of your injury and eight years of the date of when the last payment of compensation was made to you.
Contact a New York Workers Compensation Attorney
Can a workers comp case be reopened? Yes. You must gather your evidence, such as new medical documentation or proof of a legal or factual mistake, and prove to the court that your case should be reopened.
Hiring a New York workers comp lawyer with Finkelstein, Meirowitz & Eidlisz, LLP is a solid way to get your workers comp case reopened. We’re happy to discuss your eligibility during a free consultation when you call us at 212-385-9190 or fill out the contact form below.