Prior Work Comp Settlement...Do you have a right to reconsideration?

If you have settled your prior workers' compensation case, you may have a right to reopen your case for more benefits.  
If you were injured before July 1, 2004 and you lose your pre-injury job within 400 weeks of the da y that you returned to work, you may apply to enlarge your workers' compensation award to a maximum of 6 times your impairment rating.  For example, if you received a 10% impairment from your doctor and you settled your work comp case for 25% (2.5x 10%) because you were able to return to work, if you lose your job within 400 weeks of returning to work, you can petition the Court for reconsideration of your work comp award up to 60% (6x 10%).  The additional amount that you may be entitled to is dictated by your vocational disability, age, education, job skills, etc.  For those injured after July 1, 2004, different rules may apply.  Involuntary termination is not a pre-requisite to eligibility for such reconsideration but, if you have resigned, the Court may increase your award only if your resignation was reasonably related to the injury.
Employees of GM may be entitled to a reconsideration of their claim because of the way that GM has been restructured since filing bankruptcy. GM employees with former work comp claims should contact  our office immediately to determine if you have a right to reconsideration.  Failure to do so could prejudice your rights.  
If you are fired for misconduct or you retire, you are generally not eligible for reconsideration.   
It is important to note that a petition for reconsideration must be made within one year of the date that you lose your job or you will be barred from pursing a claim for reconsideration.  
If you have lost your job after receiving a prior work comp settlement, call us to determine if you are entitled to any additional benefits.