After getting your court award or the settlement you agreed on, your workers’ compensation case is closed. When handling the case, our medical condition may be stable, and your wounds may be showing signs of healing. However, what happens when you realize the injuries will not heal after your case is closed? The answer to this depends on various things. If you are thinking of reopening a workers’ compensation case if your injuries keep getting worse, the first thing you need is to consult your workers’ compensation lawyer in South Carolina. The professional will help you to understand the process and what you need. Here is an overview of what you will need if you want to reopen a workers’ compensation case.
Proof to Reopen the Case
Different states have different requirements for people who want to reopen such cases. However, individuals must come up with proof that their injuries are getting worse despite following the treatment plan set by the doctor. However, regulations differ with states. In one state, you will need to prove that the condition is more than changes in symptoms. In another state, you will need proof that the worsening condition is affecting your physical ability to work. You may also need proof that the worsening condition is not due to another unrelated injury or medical condition.
Time Limit for Reopening the Case
The time limit for reopening a workers’ compensation case differs from one state to another. The limit can be measured from the time you received your final payment or the time the case started. You may also be eligible to file the case after several years from your last payment. In other states, there is no deadline for reopening the case.
Does Settlement Affect your Eligibility?
If your case was resolved by a judge, the authority will need to confirm whether you are meeting law requirements to reopen the case. However, if it was through settlement, you will need to consider the conditions you signed for. If the settlement was through installments and there was room for other benefits, you can be allowed to reopen your workers’ comp case. However, if it was a full settlement and you finalized everything, you may not be eligible to reopen the case. A full settlement means that you exchanged your right to bring up anything related to the case in exchange for a huge sum of money.
Re-Applying for the Workers’ Comp Case
If you want to reopen the case, you will need a form filed to the agency in the state. In the file, make sure you attach your medical records and evidence to support your claim. You will also need a report from your doctor confirming that the injures are getting worse. These requirements differ with states, but the main point is to prove that your injury is worsening. The proof you provide will help the judge decide if you are eligible for reopening the case to get additional benefits.
Hire a Workers’ Compensation Attorney
Reopening a workers’ compensation case can be hard, especially if a lot of time has passed. However, all is not lost. A workers’ compensation lawyer can help you navigate and make the process a bit easier.
