Workers' Comp: The Right to Reopen

Scott Scherr • October 25, 2023

You can reopen your workers' compensation case so long as it is done timely

A workers' compensation case is different than an automobile accident case. An injured worker is entitled to payment of causally related medical bills for life unless he or she settles the case. A workers' compensation case can go on for decades.


Even if they receive an award for a permanent disability, they can reopen the case to claim additional permanent partial or temporary total disability benefits. The law requires that the case be reopened within five years of the last payment of indemnity benefits. The time begins to run from the date of the last payment of temporary total disability (payment while the worker it temporarily out of work), temporary partial (payment while the worker can only earn less than full wages due to a disability), permanent partial (payment for a worker's permanent disability), or permanent total disability benefits (payment when the worker cannot work for life).


Payment of medical bills will not restart the five years. Medical bill payments are not indemnity benefits.


If a worker receives indemnity checks, the five years renews every time the worker receives a check. There are good reasons to reopen a claim such as a worker receives additional treatment which takes them out of work or the worker's permanent disability is now worse than it was previously. If you require additional treatment, speak with your lawyer.


By Scott Scherr July 1, 2025
There are new taxes effective July 1, 2025.
By Scott Scherr June 19, 2025
A new Maryland law will make reckless driving and some speeding tickets incarcerable.
By Scott Scherr June 17, 2025
The law imposes certain obligations on you if you are in an accident.
By Scott Scherr May 16, 2025
After your arrest, you have certain rights.
By Scott Scherr April 23, 2025
Governor Moore signed the Expungement Reform Act into law yesterday.
By Scott Scherr March 24, 2025
Here are ten things to know if you get a traffic tickets.
By Scott Scherr February 13, 2025
You can fight penalties for car insurance lapses.
By Scott Scherr February 3, 2025
A new law allows tenants to shield failure to pay rent cases.
By Scott Scherr January 22, 2025
Speed camera fines have increased in work zones and they are doubled if workers are present.
By Scott Scherr January 10, 2025
You can negotiate a deal with the police officer in many cases.
More Posts