Can a workman compensation case be reopened after it's been settled ?

Asked over 1 year ago - Downingtown, PA

I was unloading a freezer trailer with another worker . His feet were at my eye level . I didn't know he was about to hand me two boxes at once . As he did this ; the top box slid off and knocked me unconscious . I had Mr I's and X Rays done and I found out I had a budging disk in my neck and two in My back and I know have a giant lump right in the middle of my forehead that will not go away . It's been almost two years since the accident . It's been only a month since I settled . I lost my house , My wife and My job because they fired Me illegally without sending Me a certified letter .

Attorney answers (6)

  1. John Francis Kennedy

    Contributor Level 10

    10

    Lawyers agree

    Answered . I would need more information to help you. Were you injured in PA? Did you have a hearing and did you sign a compromise and release agreement and settle your workers' compensation case? If so did you waive your right to appeal? Was the settlement a settlement of lost wages only or did you also settle the medical part of your case? Did you have a lawyer represent you (and if so why isn't your lawyer answering these your questions)? Are you receiving (or did you apply for) social security benefits? Was the other worker a co-worker or was he employed by another company? Did you file a third party claim (that is a lawsuit against someone else for this injury?) Did you settle the specific loss (disfigurement) claim for the bump on the forehead that is still present 2 years after the injury?

    It is impossible for me to answer your post based on the information provided. I assume you had a lawyer because in the Downingtown area of PA I know that those Judges would most likely never allow a claimant to settle his case without a lawyer (assuming that is where your case was heard.) Plus it isn't even clear from your post that you settled the workers comp case. Maybe you settled the third party negligence case (but you posted this in workers comp so I can only assume that you settled the workers compensation.

    You need to immediately write a letter to your previous lawyer (if you had one) and ask this question. If you did not have a lawyer, you need to call one today, and get one who handles PA workers' compensation cases. There are lots of lawyers who will talk to you on the telephone for free, and try to helo you.

  2. Robert L. Cullen

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . As you can tell from the answers, probably not. C&R Agreements are meant to be final and I can't remember a successful reported appeal. Still, it is worth running by a lawyer who handles PA WC claims. Best of luck to you!

  3. Geoffrey Hillsberg

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . If you entered into a Compromise and Release, it is unlikely that you would be able to reopen the case. However, the answer to your question really depends on what you mean by "settled". Often, I client may think a case is over/settled, when it is not. You should conslut with an attorney who can learn the specific facts of your case and advise you.

  4. Andrew Daniel Myers

    Contributor Level 20

    7

    Lawyers agree

    Answered . Workers compensation is a system of defined benefits which are established by state law in each state. You need to consult with an attorney in your jurisdiction. The initial consultation will be at no cost to you. Generally speaking, without knowing all of the facts, once a workers compensation case is settled, the weekly compensation benefits are redeemed, but usually the medical benefits remain open. However, not knowing the context of your case, I urge you to consult with an experience workers compensation attorney in your area.

    Here's a general article on Workers Compensation while you wait: [Blue-Link-Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  5. George Costas Andriotis

    Contributor Level 20

    6

    Lawyers agree

    Answered . You should have a lawyer review your paperwork but very likely the answer is no. Did you sign a Release?

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . More info is needed. Call one of the lawyers above to discuss.

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