Can You File Another Lawsuit After Settling a Workers’ Comp Case?

Question from Mike jones, Can You File Another Lawsuit After Settling a Workers’ Comp Case?

Answer from AI:

When you settle a workers’ compensation case, it typically involves an agreement between you and the workers’ compensation insurer about the benefits you will receive for your injuries. These settlements often include a release of all claims related to the injury, which means you agree not to pursue any further legal action regarding that particular incident. However, there are some circumstances where additional legal action may be possible.

Exceptions to the Rule

• Third-Party Claims: If your injury was caused by a third party (someone other than your employer or a coworker), you might be able to file a separate lawsuit against that party. For example, if you were injured by a defective machine, you could potentially sue the manufacturer of the machine.
• Retaliation or Discrimination Claims: If you believe that your employer retaliated against you for filing a workers’ comp claim, or discriminated against you due to your injury, you may have grounds for a separate legal action.
• New Information: If new information comes to light that significantly changes the nature of your case, you might be able to take further legal action. However, this is rare and would likely require the consultation of a legal professional.

Understanding Settlement Agreements

When you settle your workers’ compensation claim, you typically sign a settlement agreement. This document is crucial as it outlines the terms of your settlement, including any release of claims. It’s important to read and understand this agreement fully before signing, as it will detail what rights you are giving up in exchange for the settlement amount.

Legal Advice Is Key

Before deciding to settle your workers’ compensation claim, it’s advisable to consult with a workers’ compensation attorney who can explain the implications of your settlement. If you’re considering further legal action after a settlement, a lawyer can help you understand whether it’s a viable option based on the specifics of your case and the language of the settlement agreement.

Statute of Limitations

Keep in mind that there are time limits, known as statutes of limitations, for filing lawsuits. These limits vary by state and by type of claim. If you are considering taking additional legal action, it’s important to be aware of these time constraints.

Conclusion

In general, once a workers’ compensation case is settled, you may be barred from filing another lawsuit related to the same injury. However, there are exceptions, and the specifics of your settlement agreement will play a significant role in determining your options. If you believe you have grounds for further legal action, it’s important to seek personalized legal advice as soon as possible.

For more information on workers’ compensation settlements, you can visit the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) or consult your state’s workers’ compensation board.