As you’re getting your settlement approved after a workplace injury in South Carolina, the last question on your mind is probably, “Can a workers’ comp case be reopened?” However, this is an important consideration after a job injury. What happens if your condition worsens after your case is closed? A skilled workers’ compensation attorney can provide the answers you need.
Can a Workers’ Comp Case Be Reopened in South Carolina?
Yes, in some cases. Whether you can reopen a workers’ compensation claim depends on how your case was closed.
If a workers’ compensation commissioner made a decision in your case, they may have included provisions allowing future medical treatment. If you settled your case under a Form 16A agreement, you may retain the right to reopen your claim if your condition worsens and the settlement permits it.
Reopening a closed workers’ compensation case also generally requires medical evidence showing that your condition has worsened or that you need additional treatment or benefits. Additionally, your initial claim must have included the condition that is now worsening. Unrelated injuries or conditions typically cannot form the basis for reopening a settled workers’ comp case.
When Reopening a Workers’ Comp Case is Possible
Specific requirements must be met to reopen a workers’ comp case:
- Your worsening illness or injury must be causally related to the workplace accident that led to your workers’ comp claim.
- You must present medical evidence that your condition has gotten worse and requires new medical treatment.
- The change in your condition occurred only after the original settlement was approved. If you were already suffering from the worsening of your condition at the time the settlement was granted, you cannot now go back to ask for additional workers’ compensation benefits.
- You must file within one year of your last workers’ compensation payment.
If you meet all these requirements, you may be able to reopen your workers’ comp claim.
Time Limits to Reopen a Workers’ Comp Claim in South Carolina
Under the South Carolina Workers’ Compensation Act, you generally have one year from the last date you were paid compensation or received workers’ compensation benefits to reopen a workers’ comp case.
Situations Where a Workers’ Comp Claim May Not Be Reopened
You cannot reopen a workers’ compensation claim if you signed a full and final settlement agreement, often called a clincher agreement. In this agreement, you agree to close your case completely, which includes terminating your right to future medical care.
Speak With a South Carolina Workers’ Comp Lawyer
If you got hurt at work, settled your claim, and now find that your work-related condition has worsened, reopening your workers’ compensation case could open the door to additional benefits you need and deserve. The legal team at Land Parker Welch LLC can help you through the process.
For over 30 years, our experienced workers’ compensation lawyers have successfully represented injured workers throughout South Carolina. Contact us now for a free initial consultation.
