Yes, you can reopen a Missouri workers' compensation claim after a settlement, however, this is extremely rare. In order to do so, you must prove you had a change in condition by presenting new medical evidence that shows your injury significantly worsened or that it now requires essential surgery that was previously unanticipated. It also must be done within a specified time limit, making it essential to work with a workers' comp attorney who can help you bring the right evidence without missing deadlines.
Understanding how to negotiate a workers' compensation settlement in Missouri is more important than injured workers realize because it may leave you with insufficient coverage of your medical care. While you can reopen a workers' comp case if you have a substantial change in your condition, you can't do so simply because you're unhappy with the settlement.
It must be proven that your injury has become worse since the settlement was made. In Missouri, time limits to reopening a workers' comp claim are capped to within one year of your last medical treatment paid, or two years from the final compensation payment.
The type of settlement matters too, as when you are issued a full and final lump sum settlement, that usually closes the case for good. Cases that are closed by a judge's award are somewhat easier to open, though they are not without their challenges.
You will need to file a petition with the Missouri Division of Workers' Compensation and provide medical proof of your worsening condition. The Bruning Law Firm helps injured Missouri workers understand their rights and options under state workers' compensation law. If you think you have a valid reason for reopening your claim, we can review your case. For additional reading, view our blog, Workers' Compensation Settlements in Missouri: Complete Guide.
Frequently Asked Questions
What is a “change in condition” in a Missouri workers’ comp case?
In Missouri, a change in condition is a deterioration in your health that is significant as well as unforeseeable at the time of your original settlement. This relates to a common question our attorneys get, what is the average workers' comp settlement for back injuries, as these are often the most common injuries that may require major and unexpected surgery. In other cases, a new injury could develop that was directly caused by the original injury. In either event, it is in your best interest to have a St. Louis workers' comp attorney assist you with the next steps.
Is a “full and final” settlement really final?
Usually, a settlement that has been deemed "full and final" is considered really final in Missouri. A full and final settlement means that you have been given a lump sum and you've signed away the right to request future medical care or compensation. It is almost always impossible to reopen a case with this label, even if your condition becomes much worse.
What is the time limit for reopening a Missouri workers’ comp claim?
Missouri law requires you to file a request to reopen within one year of making the last medical payment, or within two years from the last payment of either temporary or permanent disability benefits. If you are unsure whether you can reopen your claim, the St. Louis workers' comp attorneys at The Bruning Law Firm can review your case.
Contact The Bruning Law Firm
The Bruning Law Firm helps Missouri workers understand their rights and options under state workers' compensation law and whether or not they can reopen their claims to recover additional compensation. There is no fee unless we win, so call us today at (314) 735-8100 to schedule a free consultation with our experienced St. Louis workers' comp lawyers.