Once you settle your workers’ compensation claim in Louisiana for a lump sum, you might assume you can revisit the agreement if things don’t go as planned. Unfortunately, in most cases, you can’t. At Wanko Workers’ Comp Lawyers, we speak with injured workers every week who regret accepting a settlement, often because their condition worsens or they didn’t fully understand what they were giving up. So, can you reopen a settled case? In Louisiana, it’s extremely difficult, and in most situations, impossible. Here’s what you need to understand before agreeing to a lump sum.
Why Most Lump Sum Settlements Are Final
In Louisiana, workers’ compensation settlements are treated as binding contracts. Once you agree to a lump sum payment, you typically give up your right to:
- Weekly wage replacement benefits
- Ongoing or future medical care coverage
- The ability to reopen or revise your claim later
When you sign a full and final settlement agreement, that’s exactly what it is: full and final. This means you accept one payment in exchange for permanently releasing the insurance company from further obligations.
Are There Any Exceptions?
While rare, there are a few circumstances under which a settled workers’ comp case in Louisiana might be revisited:
- Fraud or misrepresentation: If you can prove that the insurance company or your employer intentionally lied about critical facts, a judge may agree to reopen the case.
- Clerical errors: If a simple administrative mistake was made, like a miscalculation in your benefits, that can sometimes be corrected.
- Court didn’t approve the settlement: In Louisiana, settlements must be approved by a workers’ compensation judge. If this step didn’t happen properly, the agreement may not be legally valid.
However, these situations are uncommon. Most denied attempts to reopen settled cases involve workers who were unaware of their rights or who settled too soon.
What If Your Injury Gets Worse After Settling?
This is one of the most painful scenarios we hear about. You settle your case, thinking your condition is manageable, only to find out later you need surgery or face permanent impairment. Unfortunately, even if your condition worsens, that doesn’t automatically give you the right to reopen the case. If your lump sum settlement included a release of all future medical claims (which most do), you’ve likely given up the ability to request additional care through workers’ comp. That’s why it’s crucial to avoid settling until:
- You’ve reached Maximum Medical Improvement (MMI)
- Your doctor has clearly outlined your future medical needs
- You’ve received a second opinion if there’s any uncertainty
- You’ve consulted a qualified workers’ comp attorney
If you’re still in treatment or don’t know what your long-term needs look like, it’s probably too early to settle.
What About Settlements for Indemnity Only?
Not all settlements are “full and final.” In Louisiana, you may be able to negotiate a settlement that resolves your indemnity (wage loss) portion but leaves medical benefits open. These are sometimes called “open medical” settlements. If your agreement was structured this way, you may still have access to medical care under workers’ compensation, even after accepting a lump sum for lost wages. Be sure to check your settlement documents or have an attorney review them. Language matters, and so do your future options.
How to Protect Yourself Before Settling
If you’re considering a lump sum settlement, here are the steps you should take before making a decision:
- Understand the long-term impact: Make sure you know exactly what you’re giving up by accepting a one-time payment.
- Consult your doctor: Ask about future treatment needs and the likelihood of improvement or deterioration.
- Get a second opinion: If you feel unsure or rushed by the insurance company, talk to another medical professional or attorney.
- Review the agreement carefully: Some settlements close medical, some do not. Others may include vague language that limits your rights.
- Speak to a workers’ comp lawyer: A quick review by an experienced attorney can save you years of regret.
Rushing to settle often benefits the insurance company more than it helps you.
Our Advice? Don’t Settle Too Soon
It’s understandable to want a lump sum, especially if you’re out of work and bills are piling up. But once you settle, you likely lose the ability to claim any future benefits, no matter what your condition becomes. At Wanko Workers’ Comp Lawyers, we’ve seen too many clients come to us after the fact, only to find their options are limited. That’s why we encourage injured workers to fully understand the terms of any settlement — and to know when it’s the right time to say yes.
Need Help Understanding Your Settlement? Call Wanko Workers’ Comp Lawyers
If you’re unsure about a lump sum offer, or if you’ve already settled and believe something wasn’t right, we’re here to help. Contact us today for a free consultation before you sign anything. We’ll review your situation and help you make the decision that protects your health, your income, and your future.
