Can I reopen a workers comp. claim or do I file a new claim even if I settled over 10 years ago?

Friday, February 26, 2010
By WcrAdmin

I settled a workers comp. injurie 0ver 10 years ago and recieved a cash settlement.My injurie is becoming a problem and painful and is affecting my ability to work.Would I reopen that claim or would I have to file a new claim,if so does anyone know what I would have to do?

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5 Responses to “Can I reopen a workers comp. claim or do I file a new claim even if I settled over 10 years ago?”

  1. If you accepted a lump sum cash payment in a C&R settlement,
    you cannot reopen the prior claim. Unless you have suffered a new
    injury, the medical treament you need for the prior injury would be
    out of your pocket. If there is new injury, file the first report
    of injury form with your current employer. They will provide the
    information you need to seek medical treatment. Aggreviation to a
    prior industrial injury is generally a new claim.

    #13574
  2. Talk to the attorney that handled it for you. But, you probably signed a settlement paper and you might not have any recourse, now. Good luck!

    #13555
  3. Speak to an attorney. But if you agreed to a settlement, you have no rights anymore under worker’s compensation. You can only submit claims under worker’s compensation if you sustained a new injury.

    #13556
  4. Your statute of limitiation is probably expired. Most states have a 2-5 year statute. I don’t know any state that has one longer than 7. This basically means that after so many years, your “cause of action” has expired. But I would check with the attorney that got the settlement. If no attorney, talk to the w/c carrier.

    #13557

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