Can a Workers’ Compensation Claim Be Reopened?

Can a Workers' Compensation Claim Be Reopened?

Question

Can I reopen my workers’ compensation claim?

Answer

It depends if you received any settlement to end the workers’ compensation case or if you get injured again while you are working.

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When can the claim be reopened?

It depends on how it was “closed,” so to speak.  If you received any type of “settlement” to end your workers’ compensation case (i.e. a lump sum commutation or a denial and dismissal), then the answer is no, you cannot reopen your case, and indeed you would have had to have stated to a judge at the settlement hearing that you understand the case is over forever and all time and that you can never come back to reopen it.  

If on the other hand, you returned to work and began having problems again or you injury reappeared or worsened and you have to come out of work again, then yes, you may “reopen” your case in that sense.

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Can Workers’ Compensation Be Retroactive?

Can Workers' Compensation Be Retroactive?

Question

If I was injured at work, Can my workers’ compensation benefits be reatroactive?

Answer

Yes, you will receive benefits retroactive to your first date of disability.

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Can workers' compensation be retroactive?

Yes, once your work injury is accepted and/or memorialized as entitling you to workers’ compensation benefits, you will receive benefits retroactive to your first date of disability, minus any amounts you may have received in TDI or other wages.  

Keep in mind, however, that there is a statute of limitaitons in Rhode Island that provides you must file your case no later than two (2) years from the date of injury. If your date of injury and first date of lost time are different, consult with a lawyer regarding any questions you have regarding the statute of limitations.

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