Workers' compensation insurance is designed to protect you in the event you're injured on the job. While it's not typical for an individual to re-open a case once it's been closed, it is possible. Because workers' comp laws vary by state, residents of New York are subject to different regulations. Use the guide below to learn how to reopen your closed workers' comp case in the state of New York. 

Reasons to Reopen a Case

The most common reason an individual might reopen a resolved workers' compensation case is due to a condition that has grown worse since their case was closed. In these instances, an injury that was thought to have healed worsens, impacting your ability to perform your duties, or diminishing your wage-earning capabilities.

While less common, other reasons a case might be reopened include the discovery of fraudulent activity, whether on behalf of the claimant, the employer, or the insurer, clerical errors, overpayments, or mistakes relating to important facts in the case.

What Is the Time Frame to Reopen a Case?

In the state of New York, there are two statutes of limitations for reopening your case, depending on the reason it was closed. If an award was made for your original claim and you're reopening due to a worsening condition, you have 18 years from the date of your injury and eight years from the date of your last payment to file your application. If you have new evidence to support a case that was denied, you have seven years from the date of your injury to file. 

How to Reopen a Case

To reopen your case, you will need an attorney to help you provide compelling evidence proving why your case should be reopened. You will be required to file a form or letter with the state workers’ compensation agency and send a copy to your employer and their insurance company.

Include any documentation that supports your claim, such as medical records showing your worsened condition. A hearing may also be scheduled to determine your eligibility for new benefits.

Reopening a workers' compensation case can be difficult. To help you navigate the process, contact the professionals at Vincent J. Criscuolo & Associates in Rochester, NY. Specializing in disability and workers' compensation cases, this skilled lawyer takes pride in helping his clients get the compensation they deserve. Contact them today at 585-232-3240 to schedule a consultation, or visit them online to learn more about their services.