Law Offices of Anthony Carbone, P.C.

Reopen Your Workers’ Compensation Claim

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reopening a workers' compensation claim attorney anthony carboneIf you received an award for work-related injuries, you may be of the impression that you have exhausted all remedies available to you.  Not true.  If your condition has deteriorated and you require further medical treatment, you may be eligible to reopen your workers’ compensation claim.   Learn some important details involved in this process.

Time Limitations

Like everything else in the law, there are time limitations that govern reopener claims in workers’ compensation court.  According to NJSA 34:15-27, dates of payments made to the injured party are the determining factor.  A workers’ compensation claim may be reopened if the claimant files a formal claim within two years of the last time they received payment.  It is therefore important to seek legal advice as soon as possible.

Exception to Reopening a Claim

Not every workers’ compensation claim can be reopened.  It is crucial to determine the manner in which your case was initially concluded.   Was your claim disputed by the workers’ compensation carrier?  Certain contested workers’ compensation cases are settled using a section of the law that completely finalizes the claim.  This type of settlement is called a “Section 20”, which refers to the statute allowing its use.  You may not recall if the final dissolution of your case fell under this section of the law.  We will be able to easily determine if your claim was marked final when reviewing court documents.

Qualifications for a Reopener Claim

Even if your case did not end in a Section 20 settlement, you must have justification to reopen your workers’ compensation case.  Here are some accepted reasons for reopening your comp claim:

Contact Us

Workers’ compensation claims are unique as far as personal injury cases.  It is important to retain experienced counsel that understands the intricacies of the law.  At the Law Offices of Anthony Carbone, we have decades of experience handling all types of injury cases.  Contact us to set up an appointment to discuss your claim.

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The information provided on this website about personal injury, family, and divorce law is not meant to be taken as legal advice. At the Law Offices of Anthony Carbone, based in Jersey City, we assist clients throughout Hudson County, New Jersey, including the communities of Union City, North Bergen, West New York, Newark, Jersey City, Essex County, Bayonne, Hoboken, Weehawken, Guttenberg, Secaucus, Greenville, Elizabeth and Marion. If you are in need of a personal injury or family lawyer or attorney, please contact us today.