Baltimore Workers’ Compensation Lawyers: Re-Opening a ClaimJanuary 26, 2017
In most cases, once the court has ruled on a decision, it is final and both parties must accept the outcome. However, Workers’ Compensation cases are an exception to the rule. Even if a judge has ruled and your settlement has been finalized, there are certain types of cases that can be re-opened. While this does not apply to all Workers’ Compensation cases, most can be re-opened. The following provides an overview of what you need to know.
The first thing you should be aware of is that if you received a Section 20 settlement, your case cannot be re-opened. Section 20 awards are settlements that are final and conclusive upon the employee and his or her dependents. According to the law, if an employee accepts a Section 20 award, it means that they have completely surrendered the right to compensation or other financial benefits resulting from the claim.
The judge overseeing the case, as well as your lawyer, should explain the details of the Section 20 award, making sure that you understand that this type of settlement is final. Your Workers’ Compensation lawyer should closely review the order with you, making sure you have the opportunity to ask questions and have your concerns addressed.
Things to Consider When Re-Opening a Workers’ Compensation Claim
In cases that do not involve Section 20 awards, you may go back to court. Keep the following things in mind as you proceed with this course of action:
- You require additional medical treatment to the same body part that was injured
- You have not reinjured the same body part in another accident
- Your last Workers’ Compensation payment was under two years ago
- The original workplace injury may have caused further incapacitation
- You cannot re-open a claim requesting additional permanent disability if you are on total disability
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Help Injured Workers Secure Benefits
If you receive Workers’ Compensation for an injury you sustained at work, and you feel that you have reason to re-open your case, contact the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton. Our dedicated team will file the necessary paperwork with the court asking to modify the original order. Any modifications made will be based on the date when the injury originally happened. To schedule a free consultation, call us today at 844-556-4LAW (4529) or contact us online. We serve clients throughout the state of Maryland, including Baltimore.