Seeking workers’ compensation for the injuries you suffered in a workplace accident isn’t easy. Even after you do get a claim approved, you may find that your injuries require more extensive treatment than your doctor initially predicted. Since reopening a closed claim can be difficult, this overview demonstrates what’s involved in that process.

What Are the Requirements for Reopening a Workers’ Compensation Claim?

To reopen a claim, you will need to show that your condition has worsened since you initially filed, or that your disability has grown more serious. Reopening a claim requires your ability to show that the original “compensable” injury must have worsened. By “compensable,” this law refers to the injury that altered your physical or mental capabilities.

You must also be able to show other non-work related factors did not contribute to the worsening of the condition. Even if you can meet these conditions, the decision will rest with an administrative judge as to whether or not the claim will be reopened.

What Factors Can Affect Your Eligibility for Reopening a Closed Claim? 

There are time limits that apply to your eligibility for reopening a case. In New York, you have 7 years from the date of your workplace injury, or 3 years from the date your last benefits were received, according to the New York Workers Compensation Law (WCL). There is also a Special Fund for Reopened Cases, which allows applicants to seek benefits after these time limits.

Reopening the case requires processing a C-25 form, which your lawyer can help you complete. If you have new medical evidence that you would like to submit for the board’s review, your health provider must submit it along with the C-27 form. 

Whether you’re filing a new workers’ compensation claim or trying to reopen a closed claim, contact the experts at Vincent J. Criscuolo & Associates. Located in Rochester, NY, these skilled lawyers have been helping injured workers obtain the benefits they need to help them recover from their injuries. To learn how they will help you pursue your workers’ compensation claim, visit them online or call (585) 232-3240 to schedule a consultation.