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Can I get more compensation for a settled personal injury claim?
I am an administrative assistant who suffered an injury to the right wrist after operating a book bindery machine at a public school in Kentucky. I did not have any pre-existing condition when experiencing sharp pains in my wrist. I sued my employer for the work-related injury, and the case was settled. Two years later, xrays showed that I have a ruptured ulnar ligament. Can I obtain additional compensation for discovering an injury years after insurance settlement has cleared?
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Answers
The settlement agreement constituted a compromise of a disputed medical claim. If the agreement specifically states that the settlement amount is being paid as consideration for a waiver to the right for any past and all future disability benefits, then the claim cannot be reopened. A settlement agreement is a contract between and by parties. The scope of the agreement is defined mainly by the parties' intent as expressed in the four corners of the document. When an administrative law judge approves an agreement to settle a worker's compensation claim, it becomes a final award. It sets forth the parties' rights and duties with regard to one another and is enforceable. Under Kentucky law, a claim may be re-opened if there is "newly-discovered evidence which could not have been discovered with the exercise of due diligence." Diagnostic and testing following settlement of a claim is not considered "newly-discovered evidence". Newly-discovered evidence is not evidence that comes into being after a matter has been decided.
Talk to a Personal Injury Lawyer to find out more about what legal options you have to get more compensation for your claim.
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Posted by Yara Zakharia on 22 Jul 2010
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