Workers’ Comp Case Closed But Still In Pain? (Here’s What To Do)

So your workers’ comp case wrapped up… but you’re still hurting. 

Super frustrating, right? You followed the process, saw the doctors, and maybe even got a settlement. But now you’re stuck with lingering pain and wondering what options are left. 

The good news is, your case being “closed” doesn’t mean you’re out of options. There are still steps you can take to get help, relief, or even reopen your claim.

In this post, we’ll show you what to do if your workers’ comp case is closed but still in pain.

#1 Appeal The Closure (If Recent)

If your case just closed and you’re still in pain, the first thing you should consider is appealing. 

You’ve got some time to challenge the decision if you think it was made too soon or wasn’t in your favor. There’s usually a set window of time (30 – 60 days in most states) to file an appeal, so you’ll need to act fast. 

The process can be a bit of a hassle, but it’s worth looking into if you feel like your recovery isn’t complete, and you’re still in pain. 

Talk to your workers’ comp adjuster or attorney to find out the exact steps.

An appeal is your chance to explain that you’re not done healing yet. Sometimes, your doctor’s reports or medical records weren’t fully considered. This is your shot to get them looked at again.

Also Read: Reasons To Sue Workers’ Comp

#2 Get A Second Medical Opinion

If you haven’t done it already, go get a second opinion from a different doctor.

Another doctor might see things differently. They could provide a new diagnosis, or even suggest different treatment options. Maybe the original doctor missed something or didn’t fully grasp how much your injury is still affecting your daily life.

So find a doctor you trust, preferably one who deals with work injuries or chronic pain.

Even if you have to pay out-of-pocket for this visit, having medical documentation that contradicts the “you’re all better” conclusion can be super powerful for the next steps.

#3 Reopen Your Workers’ Comp Claim

If that appeal deadline has already passed, you can try to reopen your case.

In a lot of states, you can reopen a workers’ comp claim if your condition gets worse. This is called a “petition to reopen” or a similar name depending on where you live.

To do that, you’ll usually need strong medical evidence showing your condition has gotten worse or didn’t actually heal as initially thought.

Plus, you also need a doctor’s statement linking your current pain to your original work injury.

Also Read: Can You Sue Workers Comp For Taking Too Long?

Keep in mind that you have to act quickly because there’s a time limit on reopening claims.

The time limit in most states is around 1 – 5 years after closure. But don’t take that as permission to drag your feet! The sooner you reopen, the clearer the connection to your original injury.

#4 See If You’re Eligible For Other Benefits

Workers’ comp is just one option. If your case is closed, and you’re still in pain, it’s worth checking to see if there are other benefits you can tap into. 

This might include things like:

• Social Security Disability (SSD)
• Permanent Partial Disability (PPD) or Permanent Total Disability (PTD)
• Private disability insurance (if you have a policy)
• State disability programs

These programs have different eligibility requirements and benefits, but they can provide that much needed income and sometimes medical coverage when workers’ comp isn’t an option anymore.

The catch is that these systems can be just as complicated to navigate as workers’ comp. 

But hey, at least they exist! And they’re designed precisely for situations where people have ongoing health issues that affect their ability to work.

#5 Sue A Third Party (If Applicable)

Here’s something most people don’t know: If someone else besides your employer had a hand in your injury, you might be able to sue them. 

This is called a third-party claim.

For example, let’s say you were driving for work and got hit by a careless driver. Or maybe a piece of equipment malfunctioned because of a design defect. 

Those are situations where someone else’s negligence caused your injury, and that opens the door to a separate lawsuit.

Personal injury claims can sometimes provide compensation for things workers’ comp doesn’t cover, like full lost wages and pain and suffering, and it’s definitely worth pursuing . 

The timeline for these claims is usually 2 years from the date of injury in most states, so you might still have this option even with an older injury.

Also Read: Can You File Workers’ Comp And Personal Injury?

#6 Talk To A Workers’ Comp Attorney

If you’re feeling lost or unsure about your next steps, talk with a workers’ comp attorney. They’re experts in the system and can give you advice on everything from appeals to reopening your claim to exploring third-party lawsuits. 

They’ve probably seen situations like yours a thousand times and can help you navigate the legal side of things without all the confusion.

Even if you’re not sure you need an attorney, it can’t hurt to get a consultation. 

A lot of lawyers will give you a FREE initial meeting to discuss your case, so you can get a sense of your options without committing to anything.

And if they think you have a strong case, they’ll be more than happy to help.

#7 Don’t Ignore The Pain

This might seem obvious, but it’s worth saying: don’t just live with the pain because your claim got closed. That approach can lead to:

• Your injury getting worse
• Developing chronic pain that’s harder to treat
• Secondary health issues from compensating for your injury
• Depression and anxiety from dealing with constant pain

Keep seeing doctors. Document everything. Follow treatment recommendations. Take your meds. Do your physical therapy. 

Even if you’re paying out-of-pocket right now, these steps protect both your health and your potential case.

Bottom Line

If your workers’ comp case is closed but still in pain, you still have options. 

You might be able to appeal the closure, reopen your case, or go after a third party. You might even qualify for other benefits that can help you stay afloat while you heal.

More importantly, you don’t have to figure it all out alone.

Talking to a workers comp attorney can be the best thing you can do right now. Plus, it’s completely free so you have nothing to lose.

If you’re in Pennsylvania or New Jersey, give us a call for a free consultation.

Keep fighting for what you deserve, and make sure you’re getting the treatment and support you need to heal.

FAQs

Can I Reopen A Workers’ Comp Case After Settlement?

If your settlement included future medical care, you might be able to reopen the case. But if it was a full and final settlement that closed everything, including medical benefits, reopening probably isn’t an option.

What Happens When A Workers’ Comp Case Is Closed?

Once a workers’ comp case is closed, benefits usually stop – no more payments or medical coverage unless your case allows future care. It means the insurance company considers your treatment complete and your claim resolved.

How Long Do I Have To Reopen A Workers’ Comp Claim?

Every state has its own time limits, but most give you anywhere from 1 to 5 years to reopen a claim. The clock usually starts from the date of your last benefit or the case closure.