My workers comp case was closed in July 2012 can I reopen it to go see a neck doctor?

Workers compensation insurance is provided by employers to compensate workers who have suffered a work-related injury. After a worker files their work comp claim, assuming the claim is approved, they will automatically receive compensation for their medical bills, prescriptions, and lost wages.

Not all injuries are considered work injuries. Workers who are injured performing certain actions or who are intoxicated at the time of injury are not eligible for workers’ compensation.

Workers in all states have a certain amount of time to file claims, referred to as the statute of limitations. Failure to file your claim within this specified timeframe will eliminate your right to compensation.

When can you reopen a workers’ compensation case?

You mentioned you were injured in 2012 and received workers’ compensation benefits from your employer. Unfortunately, like many workers who are injured, it’s not unusual for some injuries to cause certain other health conditions, some of which may not be realized until weeks or years after the initial injury.

Now, it’s important to realize workers’ compensation is regulated at the state level. For specific information about your state’s laws you need to talk to a specialist in your state. All of the information below is general information provided for informational purposes only.

So let’s address your question: “Can my work comp case be reopened and am I entitled to medical care?”

Whether your case can be re-opened or you are entitled to future medical care will depend on whether your work comp claim was concluded through a Stipulation and Award or settled by a Compromise & Release.

Stipulation and Award

Stipulation and Award may allow you to avoid a hearing, receive a specific award, and reopen your claim within a specified time period. It also may or may not allow you to receive reasonable medical treatment for a specified time period.

Generally, under this type of agreement, you will be able to reopen your claim if the following has occurred:

• Your disability has increased or recurred.
• You can provide evidence that your injury award was not fair.
• There was a clerical error.
• There was an error in law.

Consider, however, there is a statute of limitations for reopening all cases. Review your state’s laws for more information.

Compromise and Release

A Compromise and Release, however, is a settlement agreement that generally concludes an employee’s work comp claim. For example, if you settled your work comp case through a Compromise and Release you may not have had a hearing, but you did receive a specified award for injury. If this is the case, you generally cannot reopen your claim in the future unless you can prove the agreement was procured by fraud.

Before accepting a Compromise and Release settlement

Accepting a settlement through Compromise and Release may eliminate certain rights you might have otherwise been entitled to receive under work comp laws in your state. For this reason you may need to discuss your case with a work comp lawyer prior to accepting a settlement.

Bottom line:

Regardless of the type of settlement you initially agreed to, you can discuss your work comp case with a work comp lawyer to determine if you are eligible for medical care.