Learn if and when you may be able to
reopen a workers’ comp claim for additional compensation in North Carolina
If you’re an injured worker in North Carolina, you might assume your workers’ compensation case is closed for good once a settlement is reached or benefits stop.
But what happens if your situation changes? What if your injury gets worse, your recovery isn’t as complete as you thought, or unexpected medical expenses pop up? Can you reopen your workers’ compensation claim to get additional benefits?
The good news is that under certain circumstances, North Carolina law does allow workers to reopen a workers’ compensation claim. This article is here to help you navigate those questions by explaining when and how a claim can be reopened, the situations that do and don’t qualify, and what the process looks like.
We understand that facing a worsening injury or unexpected expenses after a workplace accident can feel overwhelming. You shouldn’t have to figure it all out on your own.
If you have questions about your right to reopen a workers’ comp claim or need assistance with the process, reach out to the experienced Charlotte work injury lawyers at Wilder Pantazis Law Group for a free consultation. We’re happy to help in any way we can!
Can workers reopen a closed workers’ comp claim in North Carolina?
Yes, workers in North Carolina can reopen a closed workers’ compensation claim, but only under specific conditions. According to the North Carolina Workers’ Compensation Act § 97-47, the Industrial Commission may review and modify a workers’ compensation award if there is a “change in condition.”
This means that if your medical condition has worsened, improved, or changed in a way that impacts your ability to work or your need for benefits, you may be eligible to request a review.
It’s important to understand that any decision to reopen a claim will not impact payments already made, but it can lead to adjustments that increase, decrease, or end your workers’ comp benefits moving forward.
The process requires submitting an application to the Industrial Commission and demonstrating how your condition has changed. This can be complex, so consulting an experienced workers’ compensation attorney can make the difference in ensuring your case is properly evaluated.
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Why might an injured worker not be able to reopen a workers’ comp claim?
Although many North Carolina workers are eligible to reopen their claims in the event that their injury or condition gets worse, there are some exceptions. Below are some situations where reopening a workers’ compensation claim typically won’t be possible:
- The claim was settled with a clincher agreement. If the worker accepts a lump-sum payment through a clincher agreement, they waive their right to seek additional benefits in the future. This type of settlement permanently closes the claim, regardless of any change in condition. By contrast, a settlement agreement using Form 26 allows the claim to remain open, enabling the worker to seek additional benefits if their condition worsens, as long as they meet the eligibility requirements and deadlines.
- The deadline to reopen the claim has passed. Workers must act within specific timeframes to reopen their claims. This includes:
- Filing within 2 years of the last payment of compensation benefits (for wage loss or disability)
- Filing within 12 months of the last payment for medical-related expenses in cases involving only medical bills
- No substantial change in condition. A claim can only be reopened if there is a documented and significant change in the worker’s condition directly related to the original injury. If no such change can be proven, the case cannot be reopened.
- The injury isn’t covered under workers’ compensation. If the new issue is unrelated to the original workplace injury or falls outside the scope of covered conditions, the claim likely can’t be reopened.
If you’re unsure of the terms of your workers’ comp settlement or your eligibility to reopen your claim, reach out to a local Charlotte workers’ compensation attorney for guidance.
What do I need to do to reopen a North Carolina workers’ comp claim?
As long as your injury qualifies and you’re within the specified time limits, you can take these steps to reopen your workers’ comp claim in North Carolina to get the additional benefits you need.
1. File a motion with the Industrial Commission
To reopen your claim, you’ll need to officially request it through the North Carolina Industrial Commission (NCIC). This involves submitting Form 33, “Request That Claim Be Assigned for Hearing,” along with any supporting documents. Be sure to include updated medical records or a statement from your doctor detailing why your condition has worsened and how it relates to the original injury.
2. Prepare for a hearing
The NCIC will schedule a hearing to decide whether your claim should be reopened. This is where your evidence comes into play. You’ll need to clearly show that your current condition is tied to your original work injury and that additional benefits are justified. Having professional legal guidance at this stage can make a big difference.
3. Wait for a decision
Once your motion is submitted and any necessary hearings are complete, the NCIC will review your case and make a decision. If your claim is approved, your benefits will be adjusted to address your current needs.
Taking these steps ensures you’re doing everything you can to get the support you need after your work injury. If your condition has changed, don’t hesitate to explore your options.
Need help reopening your workers’ comp claim in NC? We can help!
Reopening a workers’ comp claim in North Carolina isn’t always straightforward. An experienced attorney can help you navigate the system, gather the right evidence, and fight for the benefits you deserve. If you’re feeling overwhelmed, know that help is available to make this process as smooth as possible.
At Wilder Pantazis Law Group, our knowledgeable Charlotte workers’ compensation attorneys understand how frustrating it is to settle a claim only to discover that your condition has worsened and your initial benefits no longer meet your needs.
That’s why we’re committed to simplifying the process of reopening your claim and ensuring your rights are fully protected. Whether it’s filing a motion, representing you at a hearing, or negotiating with insurance companies, we’ll handle the complexities so you can focus on your recovery.