Huntsville, AL asked in Workers' Compensation for Alabama

Q: case was settled, "Full and Final" last year, can I still receive medical care/or Reopen if the injury got worse?

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1 Lawyer Answer
Jeffrey G. Blackwell
Jeffrey G. Blackwell
  • Workers' Compensation Lawyer
  • Huntsville, AL
  • Licensed in Alabama

A: I'm not sure what you mean by "full and final." In Alabama, workers compensation has two parts. One is medical treatment. Two is the money benefits payable to you for disability, whether the disability is temporary while off work getting care or permanent once you reach maximum medical improvement. You can reach a final settlement for your disability benefits while leaving medical benefits open so that you can receive continued care. In most of our cases, we are very hesitant to settle and close the medical rights. Frequently, we will settle our clients' claims for disability benefits but leaving medical care open as allowed by Alabama law so they can continue receiving valuable treatment.

In Alabama, work comp settlements require an approval process. If you settled your case, you should have paperwork that clearly says what was finally settled. If you did fully settle all your rights, then you cannot come back for more benefits in the event your condition worsens. So, look closely at your paperwork. If you are unsure, a skilled work comp attorney in your area should be able to review the settlement paperwork and provide advice.

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