Can I Reopen My New Orleans Workers’ Compensation Claim?

Dealing with a workplace injury can be physically and emotionally draining, not to mention the financial burden of medical expenses and lost wages. In this blog post we answer the question, “Can I reopen my New Orleans workers’ compensation claim?” We explore why, when, and on what grounds a New Orleans workers’ compensation attorney can help you reopen a claim and what’s involved in the process.

First Thing’s First: Can a Workers’ Compensation Claim Be Reopened in Louisiana?

If you have suffered a workplace injury and have already settled your claim, you might be wondering if there is a way to reopen your case. In Louisiana, the answer is yes— under certain circumstances. Reopening a workers’ compensation claim is a legal process that allows you to seek additional benefits or address changes in your medical condition or disability.

What Happens When You Settle Your Workers’ Comp Claim?

When you settle your workers’ compensation claim, you agree to accept a lump-sum payment or structured settlement in exchange for giving up your right to any future benefits related to the injury. While this provides closure and immediate financial relief, it also means you cannot seek further compensation for the same injury.
Settling a workers’ compensation claim means giving up the right to pursue further benefits related to the specific injury covered by the settlement. However, it does not prevent you from reopening your claim for other injuries, or if your condition worsens or there are other legitimate grounds to reopen the claim.

Why You May Want to Reopen Your Claim

There are several reasons why you might consider reopening your workers’ compensation claim. One common reason is that your injury has worsened or resulted in additional medical complications that were not apparent at the time of the initial settlement. If your condition has deteriorated, you may be entitled to additional benefits to cover the increased medical expenses and lost wages.

Time Restrictions on Reopening a Workers’ Compensation Claim

In Louisiana, there are time limitations on reopening a workers’ compensation claim. These limitations were put in place to ensure that claims are promptly resolved, while allowing injured workers a reasonable opportunity to seek additional benefits when necessary. If you miss these strict deadlines, you will not be able to reopen and modify your claim. Our workers’ compensation attorneys understand the deadlines needed to reopen or modify a workers’ compensation settlement and can help you meet this requirement.

Grounds for Reopening a Louisiana Workers’ Comp Claim

There are several grounds on which you can seek to reopen your workers’ compensation claim in Louisiana:

• Your pain or injury has worsened: If your condition has deteriorated or resulted in new medical complications, you may be entitled to additional benefits.
• Symptoms that were thought to have healed have unexpectedly returned: If previously resolved symptoms reappear or worsen, you may be eligible for further compensation.
• Evidence of a legal mistake or factual error in the court order: If there was an error in the original court order, such as a miscalculation of benefits, you can request a reopening.
• An administrative or clerical error was made in the final award: If mistakes were made in the administrative process that affected the final award, you may be able to reopen your claim.
• You have obtained new evidence indicating that the award you received wasn’t fair: New evidence that supports a higher level of impairment or disability can be grounds for reopening.
• You have evidence of fraud on the part of the workers’ compensation insurance company: If you can demonstrate that the insurance company engaged in fraudulent practices, you may have grounds for reopening your claim.

Challenges of Reopening a Workers’ Compensation Claim

In many cases, how challenging it will be to reopen your workers’ compensation claim will depend on the type of settlement you agreed to, specifically, whether you signed a Compromise and Release agreement or a Structured Settlement:

Compromise and Release Agreement

A Compromise and Release agreement is a voluntary settlement between you and your employer’s workers’ compensation insurer. In this agreement, you agree to accept a lump-sum payment in exchange for waiving all future rights to benefits related to your injury. Once a Compromise and Release agreement is executed, your workers’ compensation claim is considered closed, and you cannot seek a reopening. However, if it turns out that it was illegal for you to sign away your right to future medical care when you settled your claim, there might be a chance to reopen or modify your settlement. To find out, you will need the help of a skilled workers’ compensation lawyer who can review your settlement agreement and determine if the law was followed correctly when you signed away your rights.

Structured Settlement

In some cases, instead of a lump-sum payment, a structured settlement may be agreed upon. A structured settlement involves periodic payments over a specified period to cover medical expenses and lost wages. While a structured settlement can provide long-term financial security, it can also limit your ability to reopen the claim in the future when necessary. That said, reopening your closed workers’ compensation claim may be easier with a structured settlement.

A New Orleans Workers’ Compensation Attorney Can Help

The workers’ compensation administrative law judges have the power to decide if your request to reopen or modify your claim is approved or denied. However, they don’t have to approve your request. To convince a judge to reopen your case, you need to show compelling evidence in support of your expressed grounds to reopen. For example, a detailed and well-written request that explains how your condition has worsened can be immensely helpful. In addition, having a skilled and experienced workers’ compensation attorney on your side can make a significant difference in presenting a strong case that may convince the judge to decide in your favor.

Contact Dudley DeBosier Injury Lawyers for Help

If you believe you have grounds to reopen your workers’ compensation claim in New Orleans, it is essential to seek guidance from an experienced workers’ compensation attorney.

Contact us today for a free consultation and let us help you navigate the process of reopening your workers’ compensation claim. At Dudley DeBosier, we are dedicated to helping injured workers obtain the benefits and compensation they are rightfully entitled to receive.

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