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Reopening a Settled Workers’ Compensation Case: Everything to Know 

Your medical condition has generally stabilized by the time you get a workers’ compensation payout or a court award for a work-related accident or illness. That means you should have a solid understanding of the degree of any ongoing discomfort or restrictions caused by your accident, as well as whether or not you require additional medical care. 

But what if your health worsens suddenly, or you find new information that proves you’re more handicapped than your physicians previously thought? Depending on the laws and deadlines in your state, as well as how you handled your workers’ compensation claim, you can obtain extra Virginia Workers’ Compensation Benefits by revisiting your case or requesting a change.

A Workers’ Compensation Claim Can Be Reopened

Employees have the option of accepting a single payment settlement of their workers’ compensation claim in return for their benefits being terminated and their case being closed. Taking a payment may sound right in the case of a permanent partial disability, like the loss of a finger, or an entire permanent impairment, in which the person is unable to work.

However, resolving your “workman’s compensation” claim presupposes that your condition will improve or remain unchanged. 

Illness worsens after you’ve accepted a settlement. You may also be eligible to reopen your case if you meet the following criteria:

  • Your deteriorating health is linked to your original workplace accident.
  • Additional benefits are warranted due to your medical condition.
  • Less than two years has been since your illness or the last time you received health coverage.

When a Workers’ Compensation Claim Isn’t Reopenable

If a worker won an Award and Compromise by Release settlement, their workers’ compensation claim could not be reopened. This implies that the employees choose a monetary settlement for their injuries, which may or may not cover the actual cost of their present or future medical treatment.

Suppose a worker who accepted a Compromise by Release settlement has a worsening condition due to a workplace injury. In that case, they will not reopen their workers’ compensation claims to receive any additional medical assistance.

Do you require assistance with your workers’ compensation claim?

Whether you should settle for a Stipulated Finding or a Compromise by Release relies on the specific circumstances surrounding your employment accident. Although it is impossible to assume that you may require medical treatment in the future, our attorneys at Injured Workers’ Law Firm can offer you the legal guidance you need to make the best option for you.

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