If you settled a workers’ compensation case a while ago but now you have a new workplace injury, there are a few things you need to know. Your old settlement could affect your new case for benefits in unexpected ways.
Terms of the Old Settlement
First, you need to figure out the terms of the old settlement. In most workers’ compensation cases, the judge has to approve a written explanation of the settlement terms. You should locate this document, which your previous lawyer or the court should have.
In the previous settlement, you may have released your rights to any future medical benefits for treatment of the old injury. Or you might have retained your rights to “future medical”, as workers’ compensation lawyers call it. Which rights you kept or gave up are important because they could affect the amount of benefits you receive now.
Effect of Your New Workplace Injury
When you have a new workplace injury to the same or a nearby part of your body, the settlement on your old injury can affect which benefits you receive. For example, a warehouse worker could injure his upper arm lifting a box and receive a workers’ comp settlement, then injure his lower arm years later. He can receive workers’ compensation benefits and even a settlement for the injury to the lower arm. However, his total benefits amount may be less because of the previous injury.
The insurance company and workers’ comp doctors use a percentage rating system to measure the severity of injuries that are “permanent”, or have a lifetime impact on the ability to use a body part. For the past injury, the warehouse worker would have received a rating if his upper arm injury was severe and lasting. Then when the insurance company is evaluating how much to pay for the lower arm injury, they may be able to take out money based on that previous rating.
If the previous injury was less severe and did not cause permanent damage, then your benefits may not be reduced because of it. It all depends on how you were injured, how severe the injury was, what permanent impact it had on you, and the extent and type of the new injury.
Are you struggling to get vocational rehabilitation services so you can return to work? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
Are you struggling to get vocational rehabilitation services so you can return to work? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
