Can I Re-open My Case If My Condition Worsens in the District of Columbia?

The D.C. Workers' Compensation law law permits you to re-open your claim for more money within a defined period of time since you were last paid compensation benefits exlusive of medical treatment, mileage reimbursement or prescription expenses. It generally only means payments for permanent disability or temporary total disability. Therefore, if your condition worsens, even just a little bit, it is extremely important to claim and receive an increased permanent disability award and/or temporary total benefits. The deadlines are:

  • For scheduled losses - 1 year
  • For Wage loss cases - 3 years
There are some exceptions that often apply to this rule, particularly if payments have been made by the employer/insurer without an award. This is a technical area of the law for which it is vital to consult with an attorney!

On the other hand, medical benefits are for life (assuming you have not settled your right to claim future benefits). There are no yearly limitation, but the difficulty of proving the relationship of the treatment to the original injury increases with time - absent an increased award of permanent disability.