Can You Reopen a Closed Workers’ Compensation Case in Pennsylvania?

A closed workers’ compensation case doesn’t always mean the end of your benefits. In Pennsylvania, injured workers may be able to reopen their claim under certain circumstances. Examples may include when an injury worsens or medical treatment becomes necessary again. 

Understanding when reopening is possible and what steps to take can help Harrisburg workers protect their rights to continued benefits.

When Can You Reopen a Workers’ Comp Case in Pennsylvania?

Several circumstances may allow you to reopen your workers’ compensation case in Pennsylvania. Your right to reopen a workers’ compensation case and what you need to prove to receive benefits depends on the circumstances. 

The following explains the rules for reopening a workers’ compensation case under the Pennsylvania Workers’ Compensation Act:

You Returned To Work, or Your Disability Ceased

Your workers’ comp benefits may be suspended if your disability ceases or you return to work. Suspension acknowledges that you may still have some impairment. Even though you can work or your disability appears to have improved, the condition may worsen. It could also mean you are working on a trial basis to determine the extent of an impairment.

To reinstate benefits, you must prove:

  • Your disability worsened or recurs since the suspension of benefits
  • The recurrence or worsening is directly related to the original work injury
  • You have medical evidence supporting the worsening or recurrence

You must file a petition within 500 weeks of the suspension date. If you continue to receive partial benefits during the 500 weeks, you have three years from the date of the last payment to file a reinstatement petition.

Your Benefits Were Terminated

If a judge’s order, termination agreement, or Final Receipt terminates your benefits, you have three years to file a petition to reinstate benefits. The three-year deadline begins on the date of the final payment.

To reinstate benefits, you must prove:

  • Your disability has worsened or returned
  • Your current disability directly relates to the original work injury
  • An unrelated factor, such as a new injury, unrelated illness, or age, did not cause the worsening or recurrence

It can be much more challenging to reinstate benefits after termination than after a suspension. Substantial medical evidence is needed to prove your current disability stems from the original work injury.

Workers’ Compensation Cases Settled by a Compromise & Release Agreement

The workers’ compensation insurance company and your employer may offer to settle your workers’ comp claim. If so, you sign a Compromise & Release Agreement. A settlement agreement generally provides for a lump sum or structured settlement. In exchange for the settlement, you release all parties from further liability.

A workers’ compensation judge must approve the agreement. Once the court approves the agreement, your workers’ compensation case is closed. The closure is intended to be permanent and is extremely difficult to undo.

You cannot reopen the case except under rare and strict circumstances. Examples include coercion, fraud, or an illegally obtained agreement. Even if your condition worsens, you cannot reopen your workers’ compensation case.

Filing a Reinstatement Petition for a Workers’ Compensation Case

To seek reinstatement of workers’ compensation benefits, you must file the appropriate petition with the Office of Adjudication at the Pennsylvania Bureau of Workers’ Compensation. Depending on your situation, this may include a Petition for Reinstatement, Review Petition, or Claim Petition. 

A copy of the petition must be served on the employer and the workers’ compensation insurance carrier. Medical evidence linking your worsened condition to the original work injury is required. A Workers’ Compensation Judge will hold a hearing and may reinstate benefits, modify benefits, or deny the petition based on the evidence. 

If the petition is denied, you have 20 days to appeal to the Workers’ Compensation Appeal Board.

Get Help Reopening a Workers’ Compensation Case in Harrisburg, PA

Compromise and release agreements permanently close cases. It is crucial to understand what rights you waive when settling. Given the complexity and strict deadlines involved in reopening a case, consulting with a Pennsylvania workers’ compensation attorney is strongly advised before accepting a workers’ comp settlement.

If your work injury has worsened after your case closed, you may still have options in Pennsylvania. Marzzacco Niven & Associates helps injured workers understand whether their claim can be reopened and guides them through the reinstatement process. Contact us today for a free consultation with a Harrisburg workers’ compensation lawyer.

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

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2550 Kingston Road, Suite 210A York, PA 17401
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354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

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