Can You Reopen a Closed Worker's Comp Case? What You Need to Know

Have you ever experienced an injury on the job in Missouri?

If you have, you've likely filed a worker's comp claim against your employer. After settling, you received compensation to cover your medical costs. But what if your injury or work-related illness has only gotten worse over time?

Reopening a settled worker's comp case is common in certain states. But in other states, it's far more difficult to accomplish.

So, can you reopen a closed worker's comp case in Missouri? What are you entitled to after settling? If you haven't already settled, what should you do to prepare the best case?

Read on to find out.

Settling a worker's compensation case doesn't necessarily mean that it's over for good.

Disabilities, conditions, or injuries can change over time. Those affected find it necessary to change their worker's comp settlements accordingly. But to reopen a case, these changes must usually result from the work-related incident.

In most states, there is a window of time where judges can change the conditions of a settled worker's comp case. But there are qualifications you'll need to meet in order to do so.

In Missouri, worker's comp settlements are usually paid in a full lump sum. The settlement you reach is set even if your condition gets worse over time. Once you agree to this sum, there is typically no changing it.

But there are situations where you may be able to reopen your case.

Your work-related medical condition may be getting worse. It may require further treatment that's more extensive than originally anticipated. The insurance company may agree to keep your medical coverage open as part of the new settlement.

Yet, you may only be able to reopen your case and file these new claims if you're legally able to do so. If you waived your right to file future claims in the settlement, it's going to be difficult to reopen the case.

If you are able to, you'll need to provide evidence that not only proves that your condition has changed. You'll need to prove that the changes in your condition are work-related, as well.

There are other scenarios where you may qualify to reopen a closed worker's comp case, as well.

Other Qualifications

In Missouri, you usually give up your rights to worker's comp benefits after settling. This is especially the case if you agreed to waive your right to future claims related to your condition.

But you may discover new evidence that proves you qualified for these types of benefits. If you didn't waive your right to file future claims, you may be able to present this evidence.

You could reopen a case if there is an error in the court proceeding. There could've been a legal mistake that affected the amount awarded, for example.

You may be able to prove that your employer committed fraud. You may have evidence that the insurance company committed fraud, as well. They may have lied about payroll or about the nature of your work to avoid higher premiums, for example.

Do you believe that you're entitled to reopening an old worker's comp claim?

Reopening your case is not impossible - but it's not easy, either. The only way you can know if you qualify to reopen a case after a settlement is to speak with a lawyer.

A worker's comp lawyer can help you break down the conditions of your settlement. You may not know if you previously waived your right to worker's comp benefits or to reopen the case in the future. You may need further clarification on the legal terminology of your settlement.

Finding a worker's comp lawyer is crucial to reopening your case. You may know someone who was able to reopen a worker's comp case after settlement. Talk to them about how their case proceeded and how their lawyer helped them.

It may be the case that you are in the middle of a worker's comp dispute and have not yet settled. Here are some things to keep in mind should you have to reopen the case in the future.

You may be in the middle of a worker's comp case and have not yet settled.

According to the Missouri Work Comp Act , you have two years to file a claim after an injury takes place. You also have two years to file a claim after the date of your last medical treatment.

If you haven't yet settled, there's no need to reopen the case. But we'll explore some things to keep in mind going forward.

Preparing for the Settlement Process

In most states, the best time to settle a worker's comp case is after a medical condition has improved. Your doctor should have provided something known as an MMI. This stands for maximum medical improvement.

There are no laws in Missouri that dictate when you can settle a worker's comp case. You could technically settle a worker's comp case before receiving an MMI. But this is not recommended.

You should wait until you understand the full extent of your medical condition. That way, you can anticipate the extent of your future medical costs as much as possible. Be sure to discuss the following with your worker's comp lawyer before settling:

• Are you being appropriately compensated for lost work time?
• What are your ongoing medical needs and medical costs?
• Have you received second opinions from doctors?
• How much do you still owe in medical bills?
• Are you still unable to work because of your injury/illness?

You should also determine how your settlement will affect your benefits. This includes social security, Medicaid, and disability.

How Much Money Will You Receive?

People tend to think that the more treatment you need, the more money you'll receive in a settlement. But this is not always the case.

The value of your settlement will hinge on several factors, including:

• How you got injured/fell ill
• The extent of your injuries/illness
• What you were earning prior to the incident
• Your ability to work during and after the injury/illness

The only way to know for certain how much you're entitled is to speak with a worker's comp lawyer.

Not every work-related injury or illness is the same. So, naturally, not every worker's comp settlement is the same, either.

You may be still be wondering, "Can you reopen a closed worker's comp case?" If you still have questions, contact us today!