Reopening A Pennsylvania Workers’ Compensation Claim

Sometimes returning to work may cause a work injury to resurface or symptoms to worsen. In this case, the employee’s receipt of workers’ compensation benefits has likely already been suspended or terminated. To deny an employee the right to reinstate or reopen a workers’ compensation claim would be an unfair result and undermine some of the primary goals of the Pennsylvania workers’ compensation system. As a result, Pennsylvania law specifically allows an injured employee to reinstate a workers’ compensation claim under certain circumstances.

To reopen a claim, the following requirements must be met:

• The condition has substantially worsened. To reopen a claim, evidence must exist that demonstrates that the condition has significantly worsened since resolution of the claim. Of course, the worsening of the condition must result from the original work injury. For example, a condition that worsens due to the effects of aging rather than the original work injury will not allow a claim to be reopened.
• The case was not resolved through a full and final settlement. In many cases, insurance companies demand that injured workers execute a “full and final” settlement. In this instance, in return for a lump sum payment, a worker agrees to relinquish any rights to make any future claims that may arise from the injury. Thus, If a worker agrees to this type of settlement, he will be unable to reopen his claim. The application to reopen is filed within certain time limits. Pennsylvania allows workers to file a petition for reinstatement if a worker is reinjured within 500 weeks of receiving his or her last benefits payment.

Powell Law has litigated on behalf of employees seeking workers’ compensation benefits for 110 years. Your first consultation is free. Contact us online or call (570) 961-0777.