Opening an Old Work Injury Case

If you suffered an injury on the job and received workers’ compensation benefits, you may think your case is closed for good. But what happens if your condition worsens over time, or you discover that you are more disabled than previously thought?

At Mueller Schmidt Mulholland & Cooling, we understand the profound physical, financial, and emotional impact of a work injury on your life. If you struggle with worsening symptoms or mounting medical bills long after your initial case concluded, our experienced legal team is here to help. Call us today at 402-999-9000 for a free consultation about your options.

When Can You Reopen an Old Work Injury Case?

Reopening a closed workers’ compensation case is usually not possible. Your ability to do so depends on some critical factors, including:

• The terms of your original settlement. If you agreed to a full and final release of all claims, you likely gave up your right to seek additional benefits for your injury in the future. Carefully review your settlement documents or have an attorney do so.
• The reason for reopening. You must have a valid reason for seeking additional benefits. Usually, this means you have experienced an increase in your disability level since the original award.

How to Reopen an Old Case in Nebraska

If you believe you have grounds to reopen your workers’ compensation case, you must file a Petition for Modification with the Nebraska Workers’ Compensation Court. The petition cannot be filed earlier than six months after the original agreement was signed or the award was granted. This petition should include:

• The date and terms of your original award
• The portion of the award you are seeking to modify
• The reasons why a modification is warranted
• Medical evidence demonstrating a change in your condition

What if Your Case Was Denied Originally?

If your original workers’ compensation case was denied after a hearing before a judge, your ability to reopen it is much more limited. Generally, you can only do so if you have new evidence that was not reasonably available at the first hearing.

This is a challenging standard to meet. An example might be if you discovered after the hearing that your employer intentionally withheld critical safety records that would have proven your claim. You must act quickly, as you typically only have a short window after the original denial to petition for a new hearing.

Filing a New Claim for an Old Injury

Even if reopening your original case is not an option, you may still be able to obtain benefits by filing a new workers’ compensation claim. This is only possible when you experience a new accident or aggravation of your prior injury while working.

Examples of situations that may give rise to a new claim include:

• You return to work after settling your original case, and you reinjure the same body part in a new on-the-job accident.
• Your job duties aggravate your prior injury, causing a worsening of your condition. For instance, your old back injury flares up due to repetitive heavy lifting required in your role.
• You start a new job, and something in that work environment aggravates your pre-existing condition from a previous role.

In any of these scenarios, the aggravation or worsening of your original injury is considered a new injury for which you can pursue workers’ compensation benefits. You will need to prove that your job duties were the cause of the aggravation and not an outside factor. You’ll also need to prove that the aggravation wasn’t just a worsening of residual symptoms from the first injury.

Can You Get Workers’ Comp for a Pre-Existing Condition?

Many people mistakenly believe that they cannot get workers’ compensation for an injury if they have a pre-existing condition. However, Nebraska law is clear that you are entitled to benefits if your job duties aggravate or accelerate your pre-existing injury, even if work is not the original cause of your condition.

Of course, pre-existing conditions make workers’ compensation cases more complex. The insurance company will likely look for any reason to deny your claim by arguing that your current issues are solely due to your prior injury. A knowledgeable Nebraska workers’ comp attorney can help you gather the necessary evidence to demonstrate the role your job duties played in worsening your condition.

Steps to Take After a Work Injury Worsens

If you notice that your work injury symptoms are getting worse, take the following steps to protect your legal rights:

• Notify your employer. Even if you are unsure whether you will pursue a reopening or a new claim, report any changes in your condition in writing to your supervisor immediately.
• Get medical treatment. See your doctor and explain how your symptoms have progressed. Be sure to mention the role of your job duties in your condition. Follow all treatment recommendations.
• Document everything. Keep copies of all medical records, bills, and communications with your employer and insurance company. Take notes on your symptoms and how they impact your ability to work and function in daily life.
• Consult a workers’ compensation attorney. An experienced lawyer can review your case, explain your rights, and help you take the necessary steps to pursue additional benefits.

Remember, you do not have to navigate this process alone. An attorney can handle all aspects of your claim and fight for the full compensation you deserve.

How Mueller Schmidt Mulholland & Cooling Can Help

If you need assistance reopening an old workers’ compensation case or filing a new claim for an aggravated injury, the dedicated legal team at Mueller Schmidt Mulholland & Cooling is here for you. We understand the immense challenges you face when a work injury turns your life upside down, and we are committed to helping you pursue the benefits you need to rebuild your life.

Do not wait to get the legal advocacy you need. Contact Mueller Schmidt Mulholland & Cooling today at 402-999-9000 to schedule your free case review with an experienced Omaha workers’ compensation attorney. We are ready to put our knowledge, experience, and resources to work for you.