QUESTION

Can i reopen a workers comp case in pa.

Asked on Apr 06th, 2018 on Workers Compensation - Pennsylvania
More details to this question:
I settled my case 3 months in. My attorney said to settle and let personal injury attorney take it over. He dropped me. My condition progressed. Now i have wedged compression fratures 4 places and in a brace and on pain meds the rest of my life
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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3 moths in?  Wow that's fast.  You can certainly try but you face an extreme uphill battle. You'd have to convince the Judge that you did not understand the agreement you entered into or your understanding of the situation was so fundamentally deficient that making you adhere to the agreement is unuust.  But I'll tell you that it is customary to have a claimant like you testify at the hearing seekling approval of the settlement that you can't reopen the settlement if your condition changes or worsens. I'd bet you testified to exactly that. Keep in mind that your workers comp insurance carrier has a claim on any recovery you get from your personal injury claim.  Thus by reopening the case, you might end up having a larger reimbursement obligation.  You have 2 attorneys involved -- they should be able to adequately advise you on the pros and cons of this question.  You should seek them out and ask detailed questions.  
Answered on Apr 18th, 2018 at 12:02 PM

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