When you sign a settlement agreement with the insurance company, you almost always waive your right to future medical coverage. This is the risk you take. If your pain comes back or if you need surgery later in life, you can’t go back and ask for more money. This is one reason why it’s important to consult with an attorney if you plan to settle. A settlement is a give and take and you want to make sure you’re doing what’s in your best interests. There are ways to keep medical coverage open if it makes sense in your case.
So if you settle your claim but the pain comes back, you might be out of luck. But if something happens that causes you to re-injure yourself, such as a slip and fall, it might be a different story. If you re-injure the same part of your body, you can file a claim. However, your compensation for that injury will be reduced because your previous settlement payment will be taken into account.
If you injure a completely different part of your body, you can file a claim and it should not be affected by a prior settlement. So if you settled your claim for a neck injury a few years ago, but then break your foot, you should be covered.
These cases get a bit confusing, and hopefully we haven’t confused you more. It’s one of those instances where talking to an attorney can make a big difference. An initial consultation shouldn’t cost you anything and it’s the best way to learn what your options are and what’s realistic to expect. It’s not uncommon for insurance companies to deny claims. They do it all the time, especially for cases that aren’t as clear-cut, such as a re-injury case. An experienced attorney can help you get your claim approved.
We are workers’ compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.