When an employee is injured or suffers from an illness while on the job or because of their work environment, workers’ compensation benefits are awarded to the employee as compensation for the injury or illness he or she has suffered. In some cases, and depending on the injury sustained, the employee may still have pain and need medical treatment after they have already settled their workers’ compensation claim. This article will discuss whether an employee is able to re-open a settled workers’ compensation claim and get compensation.

It is important to note that the ability of a workers’ compensation case be re-opened is based on the type of settlement that the employee entered into. If the workers’ compensation settlement specified that the individual would be compensated for future medical expenses, it is possible for the employee to submit his or her bill for medical treatment or surgery for reimbursement. However, ‘if the employee’s settlement was referred to as a ‘full and final’ release of a claim with no right to future medical expenses, it is highly likely that the employee will not be entitled to the cost of his or her treatment after settlement’.

If your settlement agreement states that you are entitled to future medical costs, and you want to get temporary disability or permanent disability benefits, you will need to reopen your workers’ compensation case. Generally, workers’ compensation cases can be re-opened when there is a substantial change in the worker’s condition that could not have been anticipated at the time of settlement. Re-opening your workers’ compensation case is an option if you received an award after a hearing or if you entered into a settlement that did not include a ‘full and final’ release of all claims. A Crowson Law Group attorney commented that, “By signing a full and final release, in the eyes of the law, the employee took on the risk that his or her injury might get worse in the future and it is assumed that the employee took that into account before settling.” Therefore, if you signed a ‘full and final’ release of a claim, it is unlikely that you will be able to re-open your case to get disability benefits or reimbursement for medical costs. An employee may be able to get around the ‘full and final’ release issue, if they can prove fraud on the part of the employer; for example, if the employer intentionally misrepresented the terms of the settlement. Due to the difficulty surrounding re-opening a closed claim, injured employees need to think carefully before accepting any type of settlement and should preferably start searching for anchorage law firms with experience handling workers’ compensation matters.

If you want to file or reopen a workers’ compensation claim, it needs to be done within a certain amount of time from the date of your injury or from the last date you received workers’ compensation benefits. Therefore, it is important to acquaint yourself with the time limits associated with re-opening a workers’ compensation claim. For assistance, consult a workers’ compensation attorney before filing or re-opening a claim.

About the company:
Crowson Law Group is a boutique law firm of renowned professionals committed to assisting employees with their workers’ compensation claims. For more information visit Crowsonlaw