In personal injury litigation, when a lawsuit is settled, that’s it. There is no going back to ask the same defendant for more money – even if your injuries are worse or lasted longer than you expected.
But it’s different with workers’ compensation claims, which can be re-opened when an employee disability has increased or recurred.
Often the first thing we need to explore is whether the case was settled via a stipulation and award or a compromise and release. If it was a stipulation and award, claims can often be reopened. However, with a compromise and release, employers are usually released from any future claims for the same incident. The only exception, usually, is if the settlement was somehow procured by fraud. Continue reading →