After settling an Iowa Workers' Compensation case years ago for a neck injury, I now am experiencing a worsening of this injury. What recourse do I have since the case has already been settled?
There is a type of Iowa Workers' Compensation claim for a worker who has already settled a claim (or received an award) and subsequently experiences a worsening of the original work injury. This type of claim is called a Review-Reopening claim where the injured worker can try to receive additional compensation because of the worsening of the initial work injury. If it is a scheduled injury, then the worker must show that the functional disability has increased. For an industrial injury (such as your neck injury) the worker must show that the functional disability has increased, or that the worker's earning potential has decreased because of the injury. It is important to note that a Review-Reopening claim must be filed within three years of the final payment of weekly benefits.