Can I Reopen My North Carolina Workers’ Compensation Claim If My Condition Worsens After Returning to Work?

At the Ramsay Law Firm, P.A., our Charlotte workers’ compensation attorneys know that your physician’s evaluation is typically the basis for determining the extent of your abilities and the timeframe in which you may safely return to work.

The question is, what happens if your condition worsens after you have returned to work? Can you reopen your North Carolina workers’ compensation claim?

The answer is yes; you may be able to reopen a North Carolina workers’ compensation claim if your condition worsens after returning to work, but it depends on how your claim was settled and how much time has passed. Here’s what you need to know.

How Long Do North Carolina Employees Have to Reopen a Workers’ Compensation Claim?

You must file a request to reopen your claim within two years from the date you were last paid workers’ compensation benefits. This includes both medical benefits and wage loss benefits. If more than two years have passed since the last compensation payment, you may be unable to reopen your claim.

To successfully reopen your claim, you must demonstrate that your medical condition has worsened as a direct result of the original workplace injury. This could involve new medical evidence showing that your condition has deteriorated or that you have a new disability related to the original injury.

Do I Have to File a Formal Request to Reopen a Workers’ Compensation Claim in North Carolina?

Yes. You should file a Form 33, “Request for Hearing,” with the North Carolina Industrial Commission to request that your claim be reopened. This form should outline the change in your condition and your request for additional benefits.

If your claim is reopened, you may be entitled to additional medical treatment, wage replacement benefits, or other workers’ compensation benefits based on the new evaluation of your condition.

However, it is essential to know that your employer or insurance carrier may contest your request to reopen the claim, arguing that your condition is unrelated to the original injury or has not worsened. This may lead to a hearing before the Industrial Commission to determine whether your claim should be reopened.

Do You Need to Reopen Your North Carolina Workers’ Claim?

Reopening a workers’ compensation claim can be a complex process, and it may be beneficial to consult with our workers’ compensation attorneys to navigate the legal requirements and effectively present your case.

Our dedicated Mecklenburg County workers’ compensation law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina by calling 704-376-1616 or contacting us online.

A Voice For The Injured.  Here Every Step of The Way.