Tagged: Comp

Workers’ Comp settlement, can I get out of it?

Workers' Compensation

This question: “I settled my Workers’ Comp case, can I get out of it?” calls for our favorite lawyer answer: it depends.

It depends on what you mean by “settled.” If the North Carolina Industrial Commission has approved a complete settlement and you’ve received money already then no, you cannot get out of the settlement.

On the other hand, if your “settlement” was payment for your rating then you are still entitled to medical treatment in many situations. While we’ve seen adjusters try to tell injured workers otherwise they are often wrong.

If you went to a mediation and reached an agreement at the mediation and signed a Mediated Settlement Agreement form then the defendants can go to the Industrial Commission and try to enforce this agreement. It is generally unsuccessful to argue that you were under duress or confused when you signed it. The better approach is to argue the Industrial Commission shouldn’t even approve the agreement because it is patently unfair. That has some, but not a great, chance of success.

If you just made a verbal deal you can probably get out of that. But understand that if you do so there’s probably little likelihood of getting another or better deal anytime soon. Many adjusters and defense attorneys will simply decline to deal with you because they suspect you may back out of the new deal as well.

If you’ve been offered a settlement, by all means call us before accepting it. We are happy to discuss it with you and let you know our honest impression. It may be a good deal, a great deal, a fair deal, or an awful deal. We’ll tell you what we think and if there are any ways to improve it. With 25 attorneys and over $275 million is Workers’ Compensation awards and settlements, we can advise you on getting the benefits you deserve.

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