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Legal advice on workmans comp. settlement?
A person was seriously injured in 2005, and received compensation from workmans comp, and a $$ settlement was reached. The release papers from W.C. were signed in 2006. Now a year later, there are physical problems recurring, and now emotional problems arising from this same injury. Is there anything legally that could be done now even with settlement papers signed. Have cases ever been reopened again, or is this a done deal? Does a statute of limitation apply, even though claim was settled?
4 Answers
- Allison PLv 41 decade agoFavorite Answer
It actually depends on the settlement agreement. If in the agreement there is a statemetn regarding recurring medical expenses related to the injury, then yes. Otherwise, there is probably a statement regarding agreemetns to not pursue this matter in the future.
- sreenivasa mLv 41 decade ago
Once a settlement is reached and terms of it have been honoured you cannot reopen it. If there is a clause in the settlement to the effect ,that any recurring physical problems at a future date, subsequent to the settlement, have to be suitably compensated, then there may be some scope to revive it. Both parties to the settlement should agree to have such a clause which is rare.
Source(s): tsm1937 - ?Lv 61 decade ago
Dear Monterey
I think an additional claim would be OK but the person concerned needs to consult with a good solicitor.
blessings, love from
Dot.x.
- 1 decade ago
Once you sign the papers, that's it. You absolve Workman's comp from any further liability.
You can try to ask them to repoen the case, but it is their perogative
