Can You Reopen A Fort Lauderdale Workers’ Compensation Claim? What to Do When Your Injury Comes Back
If you’ve received workers’ compensation benefits in Fort Lauderdale in the past, you may think your case is over once the checks stop and the doctor clears you. But what if your condition gets worse months or even years later?
Under Florida law, you may be able to reopen your claim, but it is not easy. Our experienced Fort Lauderdale workers’ compensation lawyer explains what you need to know about qualifying and how to protect your benefits.
When Can You Reopen a South Florida Workers’ Compensation Claim?
The Florida Division of Workers’ Compensation offers benefits that cover medical care and lost income when work-related injuries or illnesses happen. Once you reach a level of Maximum Medical Improvement (MMI) or you accept a lump-sum settlement, payment typically stops.
What happens if your injury returns and causes new symptoms? Under certain conditions, workers may get a second chance. Under Section 440.19 of the Florida Statutes, you may be able to reopen a closed workers’ compensation claim in South Florida if:
- Your injury has worsened significantly, or you have new symptoms.
- You were misdiagnosed, or your treatment was incomplete.
- You developed complications or a related condition.
- You didn’t waive your rights in a full and final settlement agreement.
Under Florida law, you generally have two years from the last medical treatment or payment to file a petition for benefits. That clock can restart if you’ve received care paid for by the insurer.
Steps to Reopen a Workers’ Compensation Claim in Fort Lauderdale
If pain or physical limitations due to on-the-job injuries in Fort Lauderdale return or never fully resolve, you may be eligible for additional benefits. However, you must follow specific steps and show the connection to your original injury. Here’s how to get started:
- Get a current medical evaluation that clearly ties your worsening condition to the original injury.
- Gather old records, including your past claim number, treatment history, and settlement terms.
- File a Petition for Benefits through Florida’s Office of the Judges of Compensation Claims.
- Watch deadlines carefully, especially if the last time you received benefits was more than one year ago.
Every case is different. Our experienced Fort Lauderdale workers’ compensation lawyer can determine whether your claim qualifies and push back if the insurer tries to deny the link between your old injury and your current symptoms.
Need to Reopen A Claim? Contact Our Experienced Fort Lauderdale Workers’ Compensation Lawyer
On-the-job injuries in Fort Lauderdale can continue to cause troubling symptoms, even after workers’ compensation insurers say your case is closed. If your condition has worsened or returned, you may be entitled to additional benefits.
At The Law Offices of David M. Benenfeld, P.A., our Fort Lauderdale workers’ compensation lawyer has helped clients in these cases for over 30 years. We provide the personalized attention and exceptional legal service you need to get results. Contact us today to request a consultation at our Fort Lauderdale, Sunrise, or West Palm Beach office.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.19.html
jcc.state.fl.us/jcc/