In our last blog post we discussed two ways settlement arrangements are reached in workers’ compensation claims in New Jersey. For many parties, these settlements have a sense of finality and conclusion. In some cases, this is true, and the claim cannot be reevaluated at a later date. However, The Law Offices of Albert J. Talone have represented quite a few clients in the instances when settlement was not the end of claim for an injured worker.
If you missed our last post, let’s catch-up quickly. There are two ways to settle a workers’ compensation case in New Jersey. Both offer pros and cons that should be considered by an injured employee and his or her legal representative. Sometimes, refusing to settle is the best strategy. However, when settlement is on the table, one of the major distinctions between types of settlement is whether or not you can reopen the claim.
First, When Settlement Is Final
When the parties agree to a lump sum, single payment as settlement of a workers’ compensation case, the amount paid is final. Referred to as Section 20 settlements, because this is the Section of the Workers’ Compensation Act in New Jersey that dictates the conditions of these payments, these one-off payments are typically preferred by employers and their insurance companies. Those parties know that even if a medical condition worsens or more doctors’ visits are needed, the amount cannot be adjusted.
As the employee is barred from reopening the claim, there is some risk …Read More