Workers’ compensation helps cushion the effects of work-related injuries and deaths. When these mishaps happen, the employees can get financial support from their employer. However, Florida workers’ compensation claims work just like regular civil claims. That is, accepting a settlement or final comp benefits closes your case. This is why it’s crucial to hire a Florida workers’ compensation attorney.
An experienced lawyer can ensure that you get the maximum compensation for your case. In addition, they’ll know the possibility of reopening your compensation claim. This is crucial because several reasons can necessitate reopening a closed workers’ comp claim. Whatever the case, you can always hire our lawyers at Work Injury Rights.
Reasons for Reopening a Florida Workers’ Compensation Claim
Generally, there are two instances where you can reopen a Florida workers’ compensation claim. One would be where no award was made in the case. The second example would be where you have new evidence to present for the case. This new evidence has to contain reasons for reopening your comp claim.
However, there are other reasons why you may want to reopen a closed workers’ compensation claim. We explain some of them below.
A deteriorating medical condition is the most likely reason for reopening a workers’ compensation claim. However, this isn’t a very straightforward process. You don’t expect them just to take your word or medical report for it. Instead, you have to prove that your original compensable injury caused your worsening condition.
In addition, you must also show that this worsening condition deserves extra comp benefits. Suppose, though, that your original compensation contained future medical bills. Then, there’ll be no need to reopen your workers’ compensation case.
Sometimes, awards can be inaccurate. Here, you could have been given comp benefits that were worth less than you deserve. Furthermore, it could be that a specific class of benefits wasn’t covered under your award. Whatever the case, once you notice this inaccuracy, you can reopen your workers’ comp case. The new hearing will then resolve this error.
Errors and Mistakes
Finally, errors and mistakes can warrant reopening a Florida workers’ comp claim. Such an error or oversight could be of law or material facts. Furthermore, it may even be a mutual mistake. Whatever the case, an error gives you the right to reopen your claim for correction.
Other Reasons for Reopening Compensation Claims
There are other reasons for reopening Florida workers’ compensation claims. They include that:
- The insurance company or your employer acted fraudulently
- Your wage-earning capabilities have been reduced
- The change in medical conditions affect your ability to earn wages
What Evidence Will You Need?
Evidence is crucial for winning Florida workers’ compensation claims. So, it becomes more critical if you’re reopening a claim. You have to support this request with significant evidence. Notably, the evidence serves two purposes. Firstly, it justifies the case reopening, and it proves your claim so that you can recover benefits.
Therefore, you’ll need evidence of the following:
- How your original medical condition worsened
- That this worsened case is related to the original injury
- How the worsened medical condition has affected your ability to work and earn
- Evidence of the inaccuracy or error on your award
Notably, your medical records can supply the evidence you need for this case.
Statute of Limitations for Reopening a Florida Workers’ Comp Claim
Notably, you don’t have forever to reopen a comp claim. Instead, the Florida statute of limitations applies to reopening cases. This law specifies the period within which you must bring compensation claims. Firstly, you must file the initial claim within two years from your injury date. Then, suppose you’ve filed the initial suit and started receiving compensation.
Then, after the first two years, you must file your claim within one year of the last payment of comp benefits. Conversely, your claim must come within one year of your last authorized medical care. This means that you must fit your comp claim reopening within this time frame. Fortunately, an excellent Florida workers’ compensation attorney can help you keep this deadline.
Florida Workers’ Compensation Attorneys Can Reopen Your Comp Case
Have you sustained a work-related injury in Florida? Or was it an occupational disease? Whatever the case, you may be eligible for workers’ compensation benefits. First, however, you need the best Florida workers’ compensation attorneys. You ordinarily mustn’t hire a lawyer to get comp benefits.
However, hiring a workers’ comp lawyer significantly increases your chances of getting the best compensation. Suppose your comp claim was already closed. Then, you really need an attorney to reopen the claim. Fortunately, our workers’ compensation lawyers have an excellent track record in this field. It’ll thus be best to call us today for a FREE consultation.