Do you drive for work, or do you oftentimes take a company car between jobsites? If so, you are eligible for workers’ compensation in the event that you are injured while driving for your job. Unlike more mild work injuries, work-related automobile accidents can be quite severe and can worsen as time passes.
Although a workers’ compensation attorney will try to account for any future changes to your health that are tied to your original injury, we don’t have a crystal ball, and it’s certainly possible that your injuries could worsen in unexpected ways. In this scenario, do you have any recourse, or are you stuck with your original settlement? In today’s blog, we explore the process of reopening a closed work-related vehicle accident injury case.
Can I Reopen My Work-Related Car Accident Claim?
You are legally able to reopen a closed work-related automobile accident claim, but only if certain factors are present. For starters, there needs to be an unexpected change in your medical condition. For example, even if your health took a turn for the worse days, months or years down the road, if this change was somewhat expected and already included in a settlement award, you’re not going to be able to get your case reopened. However, if your condition has unexpectedly worsened or you have new injuries that are tied to your original accident, then you may have grounds to reopen your case.
The insurance company isn’t just going to take your word for it though, especially if they already settled the case. In order to bring merit to your quest to reopen your closed work-related automobile accident claim, you need to have medical documentation of the new injuries, and your doctor will need to agree that your new issues are the result of your original accident. Detailed doctor’s reports, new medical images, and updated medical evaluations can all be used to prove the existence of new or worsening injuries, and their connection to your original automobile accident.
How Long Do I Have To Reopen My Closed Work-Related Car Accident Case?
Minnesota has some deadlines in place to protect employers and to ensure employees don’t game the system. Under Minnesota law, An individual has two years to reopen their work-related automobile accident claim from:
- The date of the original injury; or
- The date you first became aware of the new or worsening condition.
As you can see, swift action should be taken to ensure there is no argument as to whether or not you met state-mandated deadlines. Don’t just deal with worsening symptoms, take the insurance company back to court and get the benefits you deserve.
The best way to do this is with a workers’ compensation attorney by your side. They will be able to review the new evidence and make a strong petition to the insurance company or the court as to why you have a valid claim to reopen your case. Odds are the insurance company will rebuff your attempts and you’ll need to take the case to court, and that is where your attorney will shine. They have no problem going up against the legal team on the other side and fighting vigorously for your rights. It will be next to impossible to maximize a new award on your own, but our team is confident tat we can get you every penny you deserve if you find that you need to have your case reopened because your condition took a turn for the worse.
Don’t assume that a settlement is the end of the road. If your condition gets worse, this worsening is tied to your original injury and this change in health was unexpected or unaccounted for in an original settlement, you have grounds to reopen your case. Let our team go through this process with you to get you the additional compensation you deserve. To see if you may have a valid reason for reopening a work-related vehicle accident claim or a different type of work injury claim, reach out to the team at Hey Workers today at (844) 439-9675.
