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Can You Increase Your Workers’ Compensation Benefits if Your Injury Gets Worse After Your Claim is Settled?

Benefits for workers’ compensation are given out in part dependent on how serious an injury is. To determine how much the injured worker will receive and for how long, insurance companies and legal counsel consider the type of injury, its impact on the employee’s capacity to work, and their estimated recovery timeframe.

Illnesses and injuries, however, are rarely predictable; choosing a compensation level that will continue to offer an employee the right benefits as their injury worsens can be challenging. There are a few ways for victims to increase their benefits and get the compensation they are due if a job injury gets worse over time. Contact PLBH at (800) 435-7542 if you require help from an employment law attorney today.

Additional protection

As an injury progresses, certain workers’ compensation agreements permit payment increases. A worker can show proof of their additional medical bills to get the money they need if a settlement involves the payment of future surgery, rehab, and other treatment.

Reopening your claim

Reopening the claim might be necessary in specific circumstances in order to obtain more money. To do this, the injury sufferer must present proof that their condition has gotten worse, backed up by medical documentation. For injured workers who need new disability payments, reopening a case is typically necessary.

Some settlement agreements forbid revisiting a claim. When an accident victim receives a full settlement and relinquishes their right to reopen the case or seek extra compensation, this form of settlement is known as a “full and final release.” In these cases, you will generally not have an recourse if your injury gets worse.

Opening a new claim

The injured worker may be eligible to submit a fresh claim for compensation if the advancement of the injury can be linked to an incident or workplace circumstance unrelated to the initial accident. There must be some differentiation between the original injuries and the new developments for a new claim to be successful.

The initial injury may be regarded as a pre-existing condition, and it would be necessary to show that the addition of the new element made the initial harm worse. This can be a complicated process that should involve working with an attorney.

Has your injury gotten worse? Talk to an attorney who can help you today

Now is the time to contact an attorney if you have an injury that has gotten worse and your workers’ compensation benefits are not enough. Call PLBH at (800) 435-7542 for a free legal consultation today.