Q: case was settled, "Full and Final" last year, can I still receive medical care/or Reopen if the injury got worse?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
