There are cases where your injuries might worsen after you have received your worker's compensation settlement. If that happens to you, take the following measures to get compensation for the heightened injuries.
Act Now
The minute you realize your injury is worsening, you need to move fast and contact the relevant parties. This is because you only have a limited time to revisit your worker's compensation claim if your injury is worsening or has worsened. This period depends on your state laws, so contact a local workers compensation attorney to learn more about your time window.
Research State Laws
You should research the relevant laws to learn what the law says for your situation. Workers compensation is legislated at the state level, so you should acquaint yourself with your state laws. Your state's laws will tell you whether you have the right to reopen your case, how much time you have, which agency you should approach, which evidence you need, and similar things. Consulting a worker's compensation lawyer is one way of researching state laws.
Reopen the Case
In many states, you have the option to reopen your worker's compensation claim if your injury worsens after the settlement. You will need medical evidence to support your claim, among other things. You may also have to prove that you haven't suffered any other injury from the time you filed your initial claim.
Scrutinize Settlement Terms
Whatever your state law says, the terms and conditions of your initial settlement also play a role on whether you are entitled to further compensation. Workers compensation settlements are worded in different ways, but they all boil down to two main categories. First, you can sign a full and final release that absolves the agency from all further claims from you. If that is what you signed, then you may not have the option of reopening your case. Secondly, you can sign a release form that allows for further claims in case aggravated injuries ensue.
File a Fresh Claim
Strictly speaking, you cannot file a new claim if you are still dealing with your old injuries, but they have worsened. However, you may be able to file a fresh claim if further activities at work have worsened your injuries. In this case, your claim would be similar to that of an employee with preexisting injuries whose situation is aggravated by work-related activities. For example, if you injured your back in a work accident and the lack of ergonomic work conditions have worsened it, then you may be able to file a new claim.
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