Webster City Workers Compensation Attorneys

The legal challenges after a workplace injury can be daunting. Our workers' compensation attorneys are here to guide you. With relentless dedication and expert knowledge, our team stands up for the rights of injured workers. We meticulously ensure fair treatment and the compensation you deserve, so you can focus on your recovery.

Reopening an Old Workers’ Compensation Claim: What You Need to Know

Reopening an old workers’ compensation claim can be a complex process, especially if your injury has worsened over time. To navigate this process, it's essential to understand the types of settlements, the conditions under which you can reopen a case, the implications of previously cashed checks, and the importance of timely action. Additionally, dealing with collection agencies and understanding post-settlement expectations are critical aspects to consider.

Types of Settlements in Workers' Compensation

When it comes to workers' compensation claims, there are three basic types of settlements:

1. Agreement for Settlement: Often referred to as an "open file," this settlement allows for future medical benefits and the possibility of reopening the case if conditions worsen.
2. Agreement for Settlement with Full Commutation: This involves a lump-sum payment, but closes the file, ending medical benefits and the right to reopen the case.
3. Compromise Settlement: Typically used when the injured worker is no longer employed by the company, this settlement closes all past, present, and future claims for a lump-sum payment.

Only an "Agreement for Settlement" allows for the case to be reopened. The law requires proving one or more of the following:

- A worsening of the claimant's physical condition.
- A reduction in the claimant's earning capacity.
- A temporary disability developing into a permanent disability.
- A critical fact that was unknown or undiscoverable at the time of the original settlement.
- A scheduled member injury leading to an industrial disability.

Documenting Worsening Conditions

To reopen your case, you need substantial medical documentation to support the worsening of your condition. This might include:

- Increased impairment ratings.
- New or additional work restrictions.
- Evidence of additional medical treatments or surgeries.
- Independent medical examinations.

Judges often scrutinize these cases closely, so thorough and compelling evidence is crucial.

Handling Cashed Workers' Comp Checks

If you haven't signed any settlement paperwork but have cashed workers' compensation checks, your case remains open, subject to the statute of limitations. In Iowa, this period is generally two years, so seeking legal advice promptly is essential to ensure you receive any additional compensation you might be owed.

Reopening After a Trial

If your case was decided by a trial and you received an arbitration decision, you can reopen your case under the same conditions as an agreement for settlement, provided you file within the statute of limitations and meet the legal requirements.

Time Limits: Statute of Limitations

In Iowa, to bring a review-reopening petition, it must be filed within three years from the last payment of workers' compensation benefits. Missing this deadline can result in losing the right to reopen your case, with few exceptions.

Dealing with Collection Agencies

Medical bills related to your work injury being sent to collection agencies can be stressful. If you have a pending workers' compensation petition, Iowa Code § 85.27 prohibits health care providers from initiating collection actions. Here's what you should do:

- Send a letter and a copy of your filed petition to the collection agency.
- Request an itemized bill and forward it to your insurance adjuster.
- Follow up with both the collection agency and the medical provider to ensure they have the correct information.

Ignoring collection actions can result in you being held responsible for bills that should be covered by your employer’s insurance, so proactive management is crucial.

Post-Settlement Expectations

Understanding what to expect after settling a workers’ compensation case is vital. A common misconception is that receiving a permanent partial disability check equates to settlement. However, unless you have signed settlement paperwork and it has been approved by the agency, you have not formally settled your case.

If you receive a check without having signed any settlement agreement, you can cash it without it affecting your case. It’s always wise to get any settlement offers in writing and consult with an experienced workers' compensation attorney to ensure your rights are protected.

Types of Settlements and Their Implications

1. Agreement for Settlement: Keeps the case open for future medical benefits and potential reopening.
2. Agreement for Settlement with Full Commutation: Ends medical benefits and the right to reopen the case for a lump-sum payment.
3. Compromise Settlement: Closes all claims for a lump-sum payment, useful for those on Social Security Disability to avoid offset issues.

If you have signed settlement paperwork and it’s approved, expect the settlement check within 7 to 14 business days. The funds might take an additional 10 business days to clear your bank.

In summary, reopening an old workers’ compensation claim requires careful consideration of your settlement type, thorough documentation of any worsening conditions, timely action within legal deadlines, and proactive handling of medical bills and settlements. Consulting with an experienced workers' compensation attorney is crucial to navigate this complex process and ensure you receive the compensation you deserve.

Getting Legal Assistance In Webster City

Navigating the complexities of Iowa workers' compensation laws can be daunting, especially during the recovery process from a workplace injury. Seeking guidance from a seasoned Webster City Workers' Comp attorney is invaluable in ensuring your rights are protected and maximizing your chances of a favorable outcome.

Legal professionals play a pivotal role in gathering evidence, preparing documentation, and advocating for your interests throughout the claims process. Don't risk missing out on the compensation you deserve – enlist the support of a qualified attorney to navigate the complexities with confidence.

The Iowa Workers' Compensation attorney team at Walker, Billingsley & Bair know the importance of protecting your work injury claim from the get-go. That's why we provide this FREE book; Iowa Workers' Compensation - An Insider's Guide to Work Injuries: 7 Deadly Mistakes To Avoid If You Are Hurt At Work. To learn more about what our legal team will do to help you protect your Iowa work injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation - 641-792-3595.