Is Your Condition Getting Worse After Settling Workers Compensation? Clear Steps On Future Compensation

23 December 2014
 Categories: Law, Blog


If your injury occurred as a direct result of your workplace activities and conditions, workers compensation lawyers will help you get settlement from your employers. Many of these cases are often settled out of court to save on time and effort by both client and employer. A good number however, go through the judicial system and result in clear compensation packages. Should an individual's injuries worsen after settling a workers' compensation case, he or she may find himself or herself in a dilemma. What should you do to get more compensation? Can you reopen the case? Should you demand for more from your employer?

The following are three ways to address a worsened injury through the help of workers compensation lawyers.

1. Settle for future medical compensation

You and your lawyer should never waive the right for future medical care at all times. In some states, it is illegal to do so. There are instances, however, when many employees settle for a full and final release of all claims giving up their right to future medical expenses coverage.

Good workers compensation lawyers will advice against this. For instance, your back pain may have just been a pain during the case but it later emerges that you need surgery afterwards. If your compensation entitled you to future medical coverage, your surgery costs will be taken care of.

If you had settled for a full and final release on the other hand, you may need to pay for your surgery yourself.

2. Reopen workers compensation case and apply for permanent or temporary disability

If your injury worsens and there is sufficient medical evidence on the progressiveness of this injury, you may be entitled to reopen your workers compensation case. Workers compensation lawyers encourage their clients to reopen these cases within a certain period after their last received benefit package or of the injury occurrence.

In many states, medical evidence is sufficient to reopen a worker's compensation case and renegotiate the settlement terms in light of the progressing injuries. After reopening the case, you can then apply for permanent or temporary disability benefits that will help you cater for the injuries.

3. Open a new workers compensation case

Ultimately, if your injury qualifies as a new case, do not hesitate. Find workers compensation lawyers who can sufficiently assist you throughout the process and help you get new settlement for your injury. Of course for your injury to qualify as a new case there must be some new incident at work or new conditions that can be proven to have directly caused your injury.

To learn more, contact a company like The Law Firm of Fitzgerald, Reese & Van Dyne, Co.