Rely on Team Law’s Attorneys to Protect Your Rights If You Need to Re-Open Your NJ Workers’ Compensation Claim
When you’ve been hurt on the job and file for Workers’ Compensation benefits in the State of New Jersey, you are entitled to receive medical treatment, replacement pay and, once your medical treatment is completed, a cash award. When the Workers’ Comp judge approves your cash settlement, your case will be considered closed. However, there are some circumstances that permit the case to be reopened.
The Workers’ Compensation System in New Jersey is complicated. If you live in West New York,, Clark, East Brunswick or Jersey City, or anywhere else in NJ, speak with a skilled attorney who can help you navigate the system and get every penny you deserve for your workplace injury. For decades, Team Law has been successfully representing clients in Union, Middlesex, Essex and Hudson counties in NJ who have been injured on the job.
The Main Reason to Re-Open Your Workers’ Comp Claim
Just because you were released from medical care by your Workers’ Compensation doctor and agreed to a cash settlement on your case, it doesn’t mean your health or workplace injury can’t get worse over time. When it does, you may need additional medical benefits. Team Law has 12 offices in Essex, Union, Hudson and Middlesex counties and we serve clients throughout NJ. We can seek to re-open your claim to get you additional medical treatment.
Unfortunately, while a doctor’s report is a critical piece of evidence, it isn’t enough by itself to get the claim re-opened. We will have to prove to the Workers’ Compensation judge that your worsening condition was, indeed, caused by the original workplace injury and that there is a reason why you should be entitled to the additional benefits.
What Happens if the Insurance Company Seeks to Re-Open Your Claim?
It works both ways; your employer’s insurance carrier could decide to recover money it feels it overpaid to you. Or, it may decide you filed for workman’s comp fraudulently. If this happens, contact an attorney at Team Law right away. We will deal with the insurance company and fight for your rights.
Know the Statute of Limitations Regarding Re-Opening Your Case in Middlesex, Union, Hudson and Essex Counties in NJ
There are time limits on filing a petition to re-open a worker’s compensation claim.
- To re-open a claim for Workers’ Comp in NJ, you must file within two years from the time of injury or within two years from the last payment of compensation
- To re-open a claim for medical benefits, the petition must be filed within two years from the time of injury or within two years from the last payment of medical benefits
If a petition for medical benefits is not filed within this period, the worker is forever barred from filing the petition and the worker’s case as to medical benefits is permanently closed.
What if Your Settlement was Deemed “Full and Final?”
If your cased was closed and labeled “full and final settlement,” neither you nor the insurance company is allowed to re-open the case. However, there are two notable exceptions to this rule.
- If the insurance carrier believes you committed fraud, it can seek to reopen the case
- If either party made a mistake when submitting the facts of the case
When faced with compelling evidence on either of these two instances, a Workers’ Comp judge may agree to re-open the case. Do not go it alone; contact your Team Law Workers’ Comp attorney for skilled advice and representation.
Contact Experienced NJ Attorneys at Team Law for a Free Evaluation of Your Workers’ Comp Case Today
Whether you need assistance in filing your original claim, settling your case in front of a NJ Workers’ Comp judge or re-opening your case, Team Law can help. Contact us today for a free consultation about your case.