When a hurt worker is no longer able to perform at their job because of a work-related injury, a settlement may be offered. In most cases, settlements are final. Once you agree to a settlement, it can be difficult to open things back up again. Though rare, there are some situations that might call for a claimant to reopen their claim. Read on to find out more.

Understanding Settlements

If a settlement is offered, it usually means that the doctor has evaluated the hurt worker's injury and found it to be at maximum medical improvement. That term does not mean that no medical improvement is possible, but is more of a work and benefit-related assessment.

Up to the point of the settlement, hurt workers usually receive full coverage of medical bills along with a partial disability payment each week. After the doctor has determined the hurt work to be at maximum medical improvement, a settlement is often offered. Hurt workers are advised to seek the help of a workers' compensation lawyer before agreeing to a settlement. You want to be sure that the money is adequate to cover you as you go forward with either a reduced or non-existent income source.

Settlements Are Final, but There Are Exceptions

Hurt workers are urged to be careful when agreeing to a settlement because they are not commonly up for negotiation later on after you've signed. Once you sign, you release your former employer and the workers' compensation insurer of any financial obligations. In some cases, though, you might be able to reopen your claim, such as when:

• Your settlement had a clause – Some settlements contain wording allowing the case to be reopened under certain circumstances.
• Your medical condition has changed for the worse – If your work-related injury now means an unexpected loss of income, reopening the claim may be allowed. For example, some hurt workers have partial disabilities and are able to both work at a job and receive a settlement. If their medical condition worsens, they may be entitled to more money if they have to stop working.
• Your settlement had an error somewhere – It might be a date, the name of a medical condition, or a sum of money. Almost anything of substance can create an opportunity to reopen the claim.
• You were the victim of fraud – You can reopen a claim if you can show that the workers' compensation insurer, their legal representatives, or your former employer perpetrated fraud during the course of the claim period.

Reopening workers' compensation settlements can be a complicated process. Be sure you have a workers' compensation lawyer to help you get the most out of the experience. Visit http://mcmullenochs.com to learn more.