As long as your workers’ compensation claim was not fully settled with a final release, you may be able to reopen it in response to your condition worsening or to the need for additional treatment. Workers’ compensation claims are legally challenging and reopening them is more so. Turn to our experienced Tampa workers’ compensation attorney at Rooth Law Firm for the help you need.
When a Final Settlement Applies
If you accepted a full and final lump-sum settlement on your workers’ compensation claim, you typically can’t reopen it. These lump-sum offers are usually made after claimants reach their maximum medical improvement (MMI), as defined by each claimant’s treating physician. This is the point at which your condition has stabilized and the point at which you are not expected to experience further significant improvement.
Lump sum offers are usually reserved for claims in which one of the following applies:
- The claimant had permanent work restrictions placed on them.
- The claimant suffered a long-term disability.
- The claimant was found unable to return to their previous job at all.
At this point, you generally can’t reopen your Tampa workers’ compensation claim unless you can prove that fraud, coercion, a mutual mistake, or duress applies.
The Time Constraint
If your workers’ compensation claim was not finalized with a lump-sum settlement, you can petition to reopen it within a specific time limit. This generally means within one year of your last compensation payment or of your last medical treatment, though there is currently an unsettled legal question around this timeframe. Always consult with an attorney to ensure you meet any deadlines.
The Medical Evidence Requirement
To reopen your workers’ compensation claim, you’ll need to provide evidence that supports your petition. This means having evidence like new medical records and documentation from a treating physician that is authorized by the workers’ comp insurance provider will carry more weight. Ultimately, you must be able to draw a direct line from your work-related injury to the deterioration of your physical condition, which is a high legal bar.
Filing Your Petition
You will file your petition for benefits (PFB) with the Office of the Judges of Compensation Claims (OJCC) in Tampa. Because the process involves complex legal intricacies and the stakes are high, working closely with a resourceful workers’ compensation lawyer from the outset is always the best course of action.
It’s Time to Consult with Our Experienced Tampa Workers’ Compensation Attorney
Reopening a workers’ compensation claim makes a complicated matter more so, and proceeding with skilled legal guidance is always beneficial. Joseph Rooth is our formidable Tampa workers’ compensation lawyer at Rooth Law Firm, and he dedicates his practice to resolving claims favorably in the protection of all our valued clients’ rights. We are on your side and here to help, so please don’t put off reaching out for more information about everything we can do for you by contacting us online or giving our firm a call at 727-849-3400.