Re: Section 32 Can a Case Be Reopened After Settlement
That's your first mistake, I'm positive the carrier took full advantage of your incompetence.
I settled a NYC WC case with a section 32 settlement as an unrepresented claimant.
If they misrepresented a material fact, like your wages or the date of injury you may have a chance, even then you'd need a lawyer.
I started looking into reopening my case and found some law firms that say if the insurance company misrepresented themselves in the settlement a case may be reopened.
Now who's fault is that?
My claim had four sites of injury, only one was addressed
and now two other injured sites are giving me alot of pain.
You saving attorney fees and not presenting your case in it's entirety is not them misrepresenting themselves.
You are the claimant, you had every opportunity to raise all issues, the carrier isn't going to present your case for you.
The odds of reopening is just about zero, you can check with a lawyer and see but don't hold your breath.
Suppose my circumstances change in the future and I need more payments or medical care. Can I reopen the Section 32 Waiver Agreement?
No. You cannot reopen a Section 32 Waiver Agreement once it is final, unless all parties agree to a modification. Whatever you settle – lost wages, medical or both – remains permanently settled. You will not receive any more money for that aspect of your claim.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.