Q: if I accept $ from workers comp for facial scar, can I get a lawyer later on and sue employers insurance?
So do I stand a better chance of a bigger payout using a lawyer or arbitrating with workers comp myself? My scar is 3" long across my chin.
A: Generally, no. Once an issue is decided by law, it cannot be challenged again. This is called "collateral estoppel" or "issue preclusion." So, if you get an award for your facial disfigurement, and it is not appealed, then that determination will be final. However, if you have any disability from the injury, you may still be able to receive those benefits (since that would be a different issue).
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A: It is very unlikely that you have a separate claim against the employer outside of workers' compensation, so once you settle the workers' compensation claim, you will not be able to go back for more money later. You are almost always better off being represented by a competent workers' compensation attorney than trying to negotiate the matter yourself. Even after the attorney's fee you will in all likelihood receive a larger net recovery with a lawyer than without a lawyer.
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