Settlements in New Jersey Worker’s Compensation Case | Somerville Workers Compensation Attorney
What happens if you already accepted a settlement for your case, but your injuries have suddenly gotten worse? If this has happened to you, you deserve to have a lawyer fighting for you.
There are numerous different phases to protecting you right to file a workers’ compensation claim and when you have an experienced New Jersey workers’ compensation lawyer at your side, you are more likely to understand the various implications and to proceed in a knowledgeable fashion. However, there are some situations in which you need extensive legal assistance with your New Jersey workers’ compensation claim.
Can I Ever Fight Back After Settlement is Over?
If you submit a claim that you believe to be legitimate and do so under the necessary filing timelines but discover that it has been delayed or denied unfairly, you may have grounds to pursue the appeal process. You should never follow the appeals process without first consulting with an experienced lawyer. You may ultimately accept a settlement in your New Jersey workers’ compensation case but regardless, you need to understand your rights and responsibilities should you choose to do this.
Many questions may emerge about whether or not the settlement is final in your case. For most people, these settlements have a sense of conclusion and finality. However, an experienced New Jersey workers’ compensation attorney may have represented numerous clients in which the settlement was not the true end of the case. There are some circumstances where settlement is not final but it helps to understand those in which it is final.
When all parties agree to a single lump sum payment as settlement of a workers’ compensation case, the amount paid is final. This is because the workers’ compensation act in New Jersey dictates these one-off payments to be conditional and final. The amount cannot be adjusted even if a medical condition gets worse.
When an employee is barred from reopening the claim as is the case on receiving a lump sum payment, there may be a risk to taking these settlement offers and many New Jersey workers’ compensation lawyers will advise against it. However, there are also circumstances in which your New Jersey worker’s compensation claim is not final. Section 22 of the workers’ compensation act outlines this.
If an employee injured a particular body part, the amount attributed to such an injury is based on the severity and what percentage of the limb or body part is affected. This settlement, however, could be opened after documents are signed and the claim completed, for specific reasons such as an increase in disability associated with that original injury.
An employee in this case is responsible for submitting evidence of additional medical expenses or time he or she is unable to work. This means that the division of labor in New Jersey is responsible for revisiting the claim. It is important to realize that you can only reopen your New Jersey workers’ compensation claim that has gone through settlement up to two years after the receipt of your last workers’ compensation payment under your original settlement agreement.
Determining whether or not it is worthwhile or whether you are eligible to open your workers’ compensation payment should begin with a consultation with your New Jersey workers’ compensation lawyer. Accepting a settlement in any case should always require you to carefully consider the pros and cons of doing so. The right lawyer can have a big impact on the outcome of your case and can also assist you when issues arise after the settlement has been completed.
To arrange a private meeting, contact us by e-mail or call our office at 908-200-2297. Evening and weekend meetings are available upon request. We take all major credit cards. We handle all workers’ compensation cases on a contingency basis. We won’t charge you any attorney fees unless we are able to get compensation for your losses.