Can You Re-Open Your Work Comp Case Once It’s Settled?

Posted on

What Do You Do If You Agreed To A Bad Settlement?

We get callers every day who have recently settled a workers compensation claim only to later realize that they made a bad deal.
Whether they had an attorney or not, these callers will always ask if a personal injury lawyer would be able to reopen the case for a better result.
Unfortunately, the short answer is no.

Settlements Are Final

Whatever the reason you are reexamining your case; be it a bad attorney or a bad deal, settlements are always final. Learning a day later or years later that things could have gone better is irrelevant. Once you sign settlement contracts and they are approved, it’s game over.
Typically, this is why insurance companies settle claims so quickly. If the money is paid right away, the matter is behind them, and—perhaps more importantly—the injured party cannot go back for more money.
I know it’s not very good news, but that’s why it’s so important to make sure you hire an experienced attorney to help you with your worker’s compensation claim.
Re-open your work comp case?

Can I Sue My Lawyer For The Bad Deal?

If you don’t hire an attorney at reputable law firm, or if you don’t hire an attorney at all, you might be getting what you pay for. That said, once you sign the settlement contract, it’s game over for getting more money from the insurance company.
If your attorney really did something negligent, you may be able to file suit against them for legal malpractice. But keep in mind, the nature of workers compensation settlements are that they are compromises. So, while you might have been able to get more, the lawyer can easily counter that they thought it was a good offer.
The exception to this would be if the lawyer actually missed something important. Maybe you mailed the lawyer a bill for a surgery, but they did not include it in their calculations, nor did they include it in the final settlement form. In this rare situation you may have a reasonable argument that your attorney dropped the ball.
Of course, we are not legal malpractice attorneys at Schultz & Myers Personal Injury Lawyers, so your best bet would be to talk to a legal malpractice attorney if you suspect that your lawyer made a real mistake in the settlement.

Preventative Maintenance: How Do I Know A Settlement Is Good?

The best thing you can do to make sure you don’t get a bad deal on a settlement is don’t agree to a bad settlement.
Missouri Work Comp Lawyer, Josh Myers says over and over again in his book that KNOWLEDGE IS POWER. Arm yourself with knowledge before you talk to a work comp attorney, and ESPECIALLY before you agree to a settlement.
Insurance companies have dozens of lawyers to choose from. If you’re planning to face the work comp claim alone, be sure that you’re prepared. Listen to what attorneys have to say, download Josh’s free Missouri Work Comp Book, do everything you can to prevent any curve-balls from coming your way.
Get the experience of Schultz & Myers Personal Injury Lawyers on your side. Our lawyers are ready to go to bat for you, and we don’t see a dime until we win your case; that’s just one of the ways our attorneys are held accountable for their work on your case.
If you’d like a free consultation with one of our St. Louis worker’s compensation attorneys, call us today at 314.444.4444.

Truck Accident Lawyers

Claim Your Free Books

Schultz & Myers have released three must-read books online for FREE.
Click below to download your copy today.
Legal Paper Icon

Risk Free
Fee Guarantee

We work on a contingency fee basis, so you pay only if we win your case.

No Win No Fee
Balance Icon

Winningest Law Firm

Named by Missouri Lawyer's Weekly based upon most reported trial wins. View our recent case results.

Results That Matter
Avatar Icon

The Schultz &
Myers Experience

We put our clients needs first. Learn more about the Schultz & Myers experience.

We Can Help
Schultz & Myers Logo

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.