Can You Reopen a Workers' Comp Claim Case for a Permanent Injury? What You Should Know

Has your work injury gotten worse after your workers’ compensation case was already resolved? For some injured workers, pain continues or additional treatment is needed long after they thought the case was over. In some cases, that can be enough to reopen the claim.

At Sawers & Sackel, we support injured workers in Buffalo, New York with workers’ compensation claims involving permanency and extremity injuries. Below, we explain when reopening a claim becomes an issue and how it can affect a permanent injury case.

When a Workers’ Compensation Claim Can Be Reopened

A workers’ compensation claim is usually reopened when the injury has clearly gotten worse after the case was resolved. For some workers, that means they’re experienced more pain, reduced mobility, or now need surgical intervention.

In other cases, updated medical testing shows the permanent damage is more serious than originally believed. This is common in permanency claims involving extremity injuries, where loss of use can become more severe over time.

In New York, there are time limits for reopening a workers’ compensation claim. Under the 18-and-8 rule, the case usually can’t be reopened more than 18 years after the injury or 8 years after the last compensation payment. After the last compensation payment for purposes of claiming further indemnity/monetary awards, but can be reopened at any time for payment of casually related medical treatment.

How Permanency Can Change the Value of Your Case

Permanency claims involving extremity injuries can become more serious over time. A shoulder, knee, hand, or foot injury may lead to more limited movement years after the original case was resolved.

When that happens, the Schedule Loss of Use (SLU) percentage tied to the injury can also increase. In New York, a higher percentage can lead to additional compensation because the award is based on the level of permanent loss.

This works differently from injuries involving the back, neck, or head. Those claims are usually evaluated based on how the injury affects long-term earning ability rather than a fixed loss percentage.

Insurance companies often challenge these cases when updated evaluations show a greater loss than what was originally assigned. Because of that, current medical findings can play a major role when reopening the claim.

Your Case May Not Be As Final As It Seems

Many injured workers assume their case is over once payments stop or a decision is issued. But a worsening extremity injury or updated medical findings can increase the value of the case years later, which is why doctors may need to reevaluate the injury over time.

At Sawers & Sackel, we help injured workers in Buffalo, New York with workers’ compensation claims involving permanency and extremity injuries. If your condition has worsened since your case was resolved, contact us or call 716-202-2367 to discuss your situation. Our consultations are free, and our cases are handled on a contingency fee basis.