Legal Question in Workers Comp in Illinois

Re: Work Comp

You generally cannot "re-open" your previous workers compensation claim if you settled it.

HOWEVER, to answer with certainty I would need to see the settlement contracts because it may provide for some "future medical" benefit.

(I would say that the odds are low though.)

Often people do not realize that should they have a second accident involving the same body part they have a NEW claim. Just because you settled one back injury claim does not mean that you cannot have a second or third back injury claim.

When you say that the injury "came to surface" what does that mean? Was there an accident or did it just inexplicably come back?

If you had a previously asymptomatic, preexisting condition that was "aggravated" by a new accident then you have a "compensable" case.

The value of that "aggravation" case will be lower (maybe much lower) than the value of a completely new injury.

However, you are still entitled to off work payments, medical bills paid and some award for the permanent injury.

Please provide a copy of the previous settlement contract and a description of how the aggravation was caused and I will provide more info.

Thanks,

Matt Belcher