Workers’ Compensation Reopeners

Workers’ Compensation Reopeners

Have you or a family member been the beneficiary of a workers’ compensation claim that was previously settled, but now needs to be reopened? Has your injury gotten worse or do you require additional unforeseen treatment? A skilled workers’ compensation attorney can assist injured workers and their families reopen a claim after it has been resolved previously. Like many aspects of workers’ compensation law, reopening a claim can be frustratingly complicated. An experience worker’s compensation attorney can mean the difference between an approved reopening and a denial. The experienced attorneys at Malamut & Associates can help you.

At Malamut & Associates, we have a skilled team of attorneys with extensive experience with workers’ compensation claims and litigation in New Jersey. Our attorneys immediately move to identify the important issues and concerns for injured workers. We recognize that most injured workers rely upon their weekly paychecks to support themselves and their families. Our Lawyers and staff apply a common sense approach to obtaining all possible benefits for our clients. Whether we represented you for your original claim, or you are seeking our services for the reopener exclusively, we recommend you talk to one of our highly competent attorneys prior to discussing the reopen with your employer’s insurance carrier. Insurance carriers are businesses whose job it is to make and save money. They do not always have an injured person or their family’s best interests in mind when evaluating a claim. Our outstanding reputation has been built upon obtaining positive results for our clients.

Serious and permanent injuries can get worse as time progresses. While there are provisions that can allow for altering or increasing a previous settlement, there are some restrictions. The restrictions vary state to state. In New Jersey, a reopen request must be filed within two years of your final benefit payment, or the claim is permanently closed. Your request must show that you need additional treatment for your original injury or that your disability has worsened. Should your reopen request be approved you may be able to be the beneficiary of increased, altered, or new avenues for financial recovery.

A Section 20 settlement is an opportunity for benefits when permanency is difficult to prove. It can be an invaluable chance at financial stability for people with hard to prove permanent injuries. But if your original settlement was determined in a “Section 20”, there is no opportunity to reopen, extend or alter your award in any way. Section 20 settlements are one time only payments that are considered final. Collaborating with an experienced workers’ compensation attorney prior to accepting such a settlement is advised.