Can I have my claim re-evaluated after a settlement?

Maybe. Whether or not you can get additional benefits depends on whether, at the time of settlement, you “closed out” your claim completely. If you left open your future medical care benefits, at least you should be able to get the treatment you need.

If you closed out the claim completely, you probably will not be able to re-open it. In some states, however, you can re-open your claim within a certain number of years from the date of the original injury. To do this you will have to file additional documents with the workers’ compensation court. You would then be re-evaluated by doctors and, if your level of permanent disability has increased since the date of your settlement, you may receive additional compensation and medical treatment.

If your condition has become worse due to employment at a different job than the one you were doing when you were originally injured, you may be able to pursue a new claim against your new employer. For example, if you hurt your back lifting a crate at your last job and your back injury has become worse because of something that happened at your current job, you can file a workers’ compensation claim against your current employer.

In many cases, though, a complete settlement of your claim will prevent you from receiving additional benefits. That is why it is best to make certain that you know what you are giving up in exchange for a settlement of your claim.

Case Studies: Re-evaluation of Claims After Settlement

Case Study 1: Future Medical Care Benefits

Sarah settled her workers’ compensation claim after an injury at work. However, she left open the possibility of receiving future medical care benefits. As her condition worsened over time, Sarah sought a re-evaluation of her claim. She filed additional documents with the workers’ compensation court and underwent examinations by doctors. Due to an increase in her level of permanent disability since the settlement, Sarah received additional compensation and the necessary medical treatment.

Case Study 2: Closed-Out Claim

John closed out his workers’ compensation claim completely at the time of settlement. As a result, he was unable to re-open the claim for additional benefits. In most states, closing out a claim without leaving any future benefits open means that the claim cannot be re-evaluated or reopened. John did not have the opportunity to receive further compensation or medical treatment beyond the settlement.

Case Study 3: Worsening Condition With a New Employer

Lisa experienced a work-related injury at her previous job but later took up employment with a different company. Over time, her condition worsened due to factors related to her new job. Lisa was able to pursue a new workers’ compensation claim against her current employer based on the worsening of her previous injury. This allowed her to seek compensation and medical benefits specific to her new workplace injury.