Can You Reopen A Closed Maryland Workers’ Compensation Claim?

After suffering on-the-job injuries in Maryland, a closed workers’ compensation claim can feel like the first step back to normal. However, sometimes benefits run out before you’ve truly had a chance to heal. What if your condition gets worse or new symptoms appear that your original claim never addressed?

Fortunately, a closed claim is not always final. Our experienced Maryland workers’ compensation attorney explains when and how you may be able to reopen your case.

When You Can Reopen a Maryland Workers’ Compensation Claim

Maryland workers injured on the job often assume that once their claim closes, their options for receiving benefits do as well. That is not necessarily the case. Under state law, you may have the right to reopen a Maryland workers’ compensation claim if your condition has changed since the case originally settled.

The Maryland Workers’ Compensation Commission (WCC) allows injured workers to file for a modification of a prior award under certain circumstances. According to the WCC, situations that may justify reopening a closed workers’ compensation claim in Maryland include:

• Your condition is worse, or you have new symptoms.
• You require additional medical treatment.
• You were originally awarded the wrong benefit amount due to a miscalculation.
• New medical evidence shows your disability is more severe than previously determined.
• You returned to work but can no longer perform your job due to the original injury.

Taking quick action in these cases matters. Maryland has strict deadlines for filing a modification request, and waiting too long can eliminate your options.

What To Expect When Reopening a Maryland Workers’ Compensation Claim

To reopen a closed workers’ compensation claim in Maryland, you must file a formal request with the WCC and demonstrate that your circumstances have changed in a meaningful way. The burden is on you to prove that a modification is warranted.

Key things to know about the process include:

• Maryland law generally requires that you file the request within five years of the last compensation payment.
• Medical documentation is critical, including updated records, physician statements, and diagnostic results.
• The insurance company has the right to dispute your request and present its own evidence.
• A hearing may be scheduled before a WCC commissioner to review the facts of your case.

Insurance carriers routinely challenge modification requests. Having an experienced Maryland workers’ compensation attorney in your corner can help in getting medical care, income replacement, and other benefits you need.

Request a Consultation With an Experienced Maryland Workers’ Compensation Attorney Today

If you suffered injuries on the job that continue to cause problems, you may be able to reopen a closed workers’ compensation claim in Maryland. To discuss your options and the process, contact Berman, Sobin, Gross, Feldman & Darby LLP.

Our experienced Maryland workers’ compensation attorney can review the details of your original claim, gather updated medical evidence, and fight for the full benefits you deserve. Schedule a consultation today to find out whether you have grounds to reopen your case.

Source:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=9-627&enactments=false