i was injured on 6/15/14 and settled with workmans comp on 10/3/15. when we settled i was paid for a possible future fusion that i might need. I was also told that my case could be reopened if something else happened. I have been in so much pain so i went to see my doctor and was told by him and my skin graft doctor that fusion was no longer an option and i need to have my foot amputated. He gave me paper work to give to the workmans comp saying this was as a direct result of the accident.. Now the insurance company is giving me the run around. Can my case be opened back up or was i lied to at time of settlement?
Whether or not you can reopen your case depends upon the type of settlement that was reached and the language in the settlement documents. You should consult with a worker's compensation attorney right away.
it is possible but time and facts will matter. Meet with your previous work comp attorney, or a local work comp attorney if you did not previously have one, asap.
If you did not sign a full and final settlement agreement, you may ask for additional benefits on account of a change in condition as long as you file an application with the worker’s compensation board within 2 years from the last date for which compensation was paid. Determining that date can be difficult, so I recommend you contact an attorney as soon as possible.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements