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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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I settled with my workplace over an back injury. Now i

Customer Question

I settled with my workplace over an back injury. Now i developed nerve pain in my leg .Can i resue? Steven(###) ###-####JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: I live in Conn. Yes I settled through workers Comp
JA: Anything else you want the lawyer to know before I connect you?
Customer: The nerve pain justed appeared. Before it was pain in my lower back.
Submitted: 8 months ago.
Category: Legal
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 8 months ago.

Good morning,

It may be possible, depending on what was entered into. Whether a case can be reopened after settlement depends first on whether it was settled by a “Stipulation and Award,” or whether it was settled by a “Compromise & Release.”

A Compromise and Release (it may also be called something like a "Final Stipulation") is a settlement agreement that typically resolves all of an employee’s claims: past, present and future. Unless the settlement agreement was procured by fraud, it typically concludes the case completely, and you cannot reopen a case.

If it was a stipulation and award, you may be able to open the claim under limited circumstances, such as upon a showing that the initial award wasn't equitable, or that there was an error in the way the award was calculated. You could also seek to re-open the case should further injury or disability arise. That said, the time to do so isn't absolute - e.g., an employee cannot 20 years later claim additional injury. You generally have a limited time to raise the issue of a new injury and seek to reopen the claim.