Can I re-open a worker's compensation case that has already been closed if I'm still dealing with problems from it?

Question

I was injured on the job in 2004, leaving me with permanent damage.The case settled in 2007 but I still have problems from the permanent damage.

Melvin Franke · Answer

No, but you may have a new case if you aggravate that injury

Violet Nwokoye · Answer

It all depends on your settlement agreement, usually when you sign the agreement releasing the defendant from further liability and accept the compensation, you cannot go back for more.

Stephen Lombardi · Answer

It depends on how the case was settled. The form of settlement makes a difference when trying to reopen it; some can be and other forms of settlement preclude reopening.

Thomas Edward Gates · Answer

If you settled the matter, then future complications are your responsibilities.

William Spern · Answer

You said it was settled. Unless you redeemed all future damages, you can re-open a claim.

Ronald A. Steinberg · Answer

Most likely, no you cannot.  When you settled it, you went through a procedure called a Redemption.  At that time, both the paperwork you signed, and the questions that you were asked in Court required you to acknowledge that this was a full, final and complete settlement of all claims, known or unknown.  I am unaware of any way around that, except if you could prove some sort of fraud committed on you, or that you were mentally or emotionally so out of touch with reality that you did not know what you were doing.  In other words, most likely, no you cannot.

Matthew Frisby · Answer

In 2004 in Oklahoma, if the workers' compensation case was finalized with a trial by a judge, the Claimant (the injured worker) would have three (3) years from the date of the order to "re-open" the case.  However, if the case was resolved by a joint petition (settled) then there is typically not a re-open period available.  The information here has been prepared for informational purposes only and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between the sender and receiver. Readers should not act upon this information without seeking professional counsel.

Christopher D. Morris · Answer

There are two ways to resolve a Worker's Compensation claim in Michigan. The first is called a voluntary payment which is an agreement between the parties which terminates litigation.  The second and far more common outcome is called a "Redemption" which is a full, final and complete settlement of all claims past, present and future.  A redemption requires a formal proceeding before a judge (workers compensation magistrate).  At that time, at least 99.9% of all redemption included a complete and final settlement of all future medical claims.  The only way to know for certain is to check out what kind of a settlement you had back in 2007.  If it was not a redemption you may have something that can be reopened.

Troy Gorman · Answer

Likely, the settlement agreement you made in 2007 would prevent you from making other claims for that injury.  I would recommend that you contact the attorney that handled your case and ask them that question.  If you did not have an attorney, you should take the settlement paperwork from that case to a worker's compensation attorney and find out what your options are.

Andrew Velonis · Answer

You may be able to re-open it if there was an "unanticipated worsening", but if it was settled those years ago as a permanent injury case, you would have a great deal of difficulty proving that it was "unanticipated".  The term "settled" usually means just that; settled.

Mark Smith · Answer

Once you settle a workers compensation or for that matter any injury case   the insurance company will have you sign releases. The release will prevent  you  from ever opening the case again.

Michael Heilmann · Answer

If you "redeemed" the case, you are unable to reopen the case. This is a question best left to your comp lawyer.

Dennis P. Mikko · Answer

It would depend on how the case was closed.  If there was a redemption that included a release for future claims, you could not re-open it.  On the other hand, if the claim was left open or has the possibility of being re-opened, then maybe you could proceed.

Steven A. Schwartz · Answer

It depends on how the case was resolved.  If it was settled with "medicals open," then you can reopen to have the additional medical bills paid for treatment that is related to your on the job injury.  You cannot reopen your lump sum and renegotiate a new settlement.  The settlement should have encompassed any permanent injury.

David Blain · Answer

Most likely no. Usually when a case is settled the parties sign a release agreement. This agreement contains two very important terms: (1) the case be dismissed with prejudice; and (2) plaintiff waives their C.C. Section 1542 rights.  The term "dismiss with prejudice" means that your case has been finally adjudicated on its merits and has been dismissed. In other words, you've had your day in court and now it is no more. As the Plaintiff you are barred from filing a lawsuit over the same injuries and same incident.  Civil Code Section 1542 says that a general release agreement does not extend to those claims which the Plaintiff did not know of or suspect at the time the release was signed, and that had those claims been known they would have materially affected the settlement. If you waived this right in your settlement, then you waived your right to bring a subsequent lawsuit alleging any claims you did not know of or suspect at the time you entered the release agreement.  If neither of these two terms were in your release agreement, then the defense attorney was an idiot. But I am going to assume that terms were in release, especially the dismissal with prejudice term. And for this reason I am going to say that if you file another lawsuit for the same injuries alleged int he 2004 lawsuit, the defendant(s) will get it dismissed. Also, if the defendant(s) are successful in getting the case dismissed you will likely be responsible for their reasonable attorney's fees and litigation costs. This too was probably part of the release agreement you signed.

John Brennan · Answer

It depends on whether the case was settled or closed.  The documents will have to be examined to allow formation of an opinion.

Jeffrey Lapin · Answer

Assuming your case was properly settled back in 2007, the answer to your question depends on whether your "settlement" was a "full and final settlement of any and all claims" or whether it was left open for you to pursue additional medical treatment and other workers' compensation benefits. Even if it was "left open" it would have had to say that you could receive medical treatment at any time following the settlement and did not specify a date that either you would have to have it done or by the date of when the workers' compensation statute of limitations would expire. In most cases, the statute of limitations in workers' compensation cases is 2 years from the date of the last payment by the employer or insurance company for the employer.  You should review the settlement agreement you signed to see whether it was "full and final" or left it open for you to make additional claims. You may also want to consult with a workers' compensation attorney to determine whether you can "re-open" your case.

Michael Yeksavich · Answer

Contact your attorney.  You may be out of luck since you "settled".  There are  good reasons in many cases not to settle but take the case to trial.

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Can I re-open a worker's compensation case that has already been closed if I'm still dealing with problems from it?

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