What if Your Workers' Comp Injury Worsens After Settlement?

Obtaining workers’ compensation in New York can be a challenging process. Once you have received a settlement, you may feel relieved. However, what happens if your condition becomes worse? In this case, you may be able to reopen your case or file a new claim, depending on the circumstances. If the worsening condition is due to the original accident or new evidence emerges, you can reopen your claim. If your condition becomes worse due to a new accident, you can file a new claim. Our workers’ compensation lawyers in Buffalo, NY, can guide you through the claims process.

Reopening a Settled Case

You can file an Application for Reopening with the Workers’ Compensation Board if your original work-related condition has worsened or new evidence has emerged. Under New York law, you can reopen a claim within 18 years of the injury and eight years after the last payment of benefits. However, there are additional special rules for cases that are older than seven years.

It is important to note that if you signed a ‘full and final release’ after receiving a settlement, you may have waived your right to reopen the case to obtain further benefits, including those for additional medical care. It is essential to speak to a Buffalo workers’ compensation lawyer who can determine if you can reopen your case.

Filing a New Claim

You may also be able to file a new claim if the worsening condition is considered a new injury, or if the condition became worse due to a new work-related activity that aggravated the old injury. A workers’ compensation lawyer in Buffalo can review the facts of your case, determine if you are eligible to file a new claim, and help you through the process so you obtain the best outcome possible.

Important Considerations

If you have received a workers’ comp settlement and your condition has become worse, there are many important factors to consider. These are as follows:

• You must present strong medical evidence showing that your condition has become worse and that it relates to a new work activity or the original injury.
• If you reached maximum medical improvement (MMI) before your condition became worse, it may impact the type of benefits you can receive.
• If your case is reopened after seven years of receiving your settlement, additional benefits may come from a special state fund.
• Carefully review the terms of your settlement to determine the extent of release and any provisions related to future medical care or benefits.

Our Workers’ Compensation Lawyers in Buffalo, NY, Can Advise On Your Case

Determining what to do when your condition becomes worse after accepting a settlement is not easy. At Sawers & Sackel, our lawyers can help you determine what they are and guide you through the process to obtain the best possible outcome. Call us today at 716-391-4480 or contact us online to schedule a consultation and to get the legal help you need.