For many injured workers in New Jersey, a Workers’ Compensation claim marks the beginning of a long legal and medical journey. Whether your case was resolved at trial or settled with the insurance company, the outcome ideally provides some measure of closure and compensation. But what happens if your condition worsens months—or even years—after your case was closed?
If your work-related injury gets worse after your case has been closed, you may be eligible to file what’s known as a Reopener Claim Petition. This allows the court to revisit your original claim and potentially award additional medical treatment or compensation for the worsening of your injury.
To file a valid reopener claim in New Jersey, you must:
Prove that your condition has worsened since your original settlement or award.
Provide updated medical documentation such as physician reports, diagnostic imaging, or evaluations that demonstrate your injury has progressed.
File the reopener within two years of the last payment of compensation or authorized treatment related to your original claim.
It’s important to understand what type of settlement you entered into. If your original case was resolved through a Section 20 Settlement, your claim is considered fully and finally closed—you are barred from reopening the case, even if your condition deteriorates.
However, if you settled under a Section 22 Award (an Order Approving Settlement), you can file a reopener if the proper conditions are met.
The process of reopening a Workers’ Compensation case can be complex, especially when dealing with insurance companies and strict filing deadlines. An experienced Workers’ Compensation attorney can:
Help determine the nature of your original settlement
Collect and present the necessary medical evidence
Guide you through the filing and litigation process
If you're experiencing new or worsening symptoms from a workplace injury that was previously settled or adjudicated, you may still have legal options. Contact the Workers’ Compensation attorneys at Simon Law Group LLC for a free consultation. We'll help you evaluate whether you qualify for a reopener and fight to get you the treatment and compensation you deserve.
📞 Call us at (800) 709-1131 or visit www.simonattorneys.com to schedule a consultation today or you can text us.