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Can I Reopen My Workers Comp Case After It Has Been Settled?

reopen workers compensation case

Settling a worker’s comp case generally means the entire process is done. It’s usually a step taken when you’re either completely cured or healed, or your health condition can reasonably no longer be improved.

However, in some cases, your health may take a turn for the worse, in which case you’re probably wondering if it’s possible to reopen your worker’s comp case.

It’s difficult, but not impossible.

What Does It Take?

The Missouri Division for Worker’s Comp warns injured workers about accepting a settlement too soon, as this step generally means you will not be able to receive any more health benefits for your work injury or illness.

Even if a settlement is offered to you, you do not have to sign it right away if you’re doctor believes you still need to continue your treatment. Unfortunately, many workers may fall prey to the tactics employed by insurance adjusters, especially if they are not legally represented.

So, if you sign a paper agreeing to a settlement, can you ever reopen your case? Technically yes, but it will not be easy. You will benefit from the experience of a St. Louis worker’s comp lawyer.

How Do You Reopen Your Case?

A St. Louis workers compensation attorney will analyze your case, settlement, and medical situation to see if you qualify to reopen your case. In most cases, a mistake made in the previous settlement may serve as grounds to reopen a worker’s comp case.

For instance, if you accept a lump sum that should have accounted for future medical expenses, and that estimate turns out to be under the real costs of further treatment, the insurance company may agree to a new settlement.

Additionally, if the lawyer finds any error in the paperwork that results in you receiving fewer benefits, this also may be enough to get your case reopened.

Why You Should Speak With an Attorney

A lot of the times, settling your worker’s comp case will also mean waiving your rights to seek any future compensation. If the documents you sign have this mentioned anywhere, reopening your worker’s comp case will be extremely difficult, unless your lawyer can find something that annuls the settlement, such as a mistake in the paperwork.

Because of this, it’s incredibly important you don’t settle without speaking with a lawyer. Even if you haven’t worked with one from the beginning, get in touch with an attorney and ask to look over any papers before you sign them.

Protect Your Rights

Reopening a worker’s comp claim after accepting a settlement is incredibly difficult, though the right lawyer may be able to succeed. If you want to know if you’re eligible to reopen your case, please reach out to a St. Louis work injury attorney for additional information. The facts surrounding your case will generally show whether or not your case is eligible.

Give us a call 24/7 at (314) 361-4300 for a FREE consultation.

Updated: January 22, 2020
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