If you’ve suffered a work-related injury and you were paid your workers’ compensation benefits, you might be wondering if you have the option of reopening the case once it’s closed. Different states have different rules for reopening a case once you have received workers’ compensation benefits.
By the time the court awards you your workers’ compensation settlement, you will have reached maximum medical improvement. This means that you have a good idea about your current condition and whether you will need further treatment.
However, if your condition suddenly worsens or you discover your disability is more than what your doctor diagnosed, then you might be able to reopen your case and get more benefits.
What Are the Requirements for Reopening a Workers Compensation Case in Plymouth, MA?
Just because the court made the final decision on your workers’ compensation case, doesn’t mean that your case is closed forever. In Massachusetts, workers’ compensation judges have five years after the final award to change it.
You can reopen your case if your medical condition worsens or if you have a new and further disability. In short, you can reopen your case if there was a factual or legal mistake in the award or the insurance company acted in bad faith.
Can You Seek More Benefits After Your Workers’ Compensation Claim Was Settled?
It will be quite a challenge to reopen a case once a judge approves your settlement agreement. The level of difficulty will depend on the type of settlement that you agreed to sign. If you agreed to a full and final settlement in exchange for dropping the claims against your employer, you will not be able to reopen your workers’ compensation claim even if your condition worsened.
If you signed a structured settlement, you might be able to reopen your case. Make sure that you discuss the reasons for wanting to reopen your case with your workers’ compensation lawyer in Plymouth. They will be able to tell you whether it’s legally possible to do so.
When and How Can You Reopen Your Workers’ Compensation Case?
You will start by filing a form with the workers’ compensation agency in Plymouth, MA. Along with the form, you will need to attach supporting evidence. Your doctor can fill out a form or write a report that describes your condition. The report must include:
- A description of the medical treatment that you require
- Medical evidence that the change in your condition is because of your original injury
- A worsened condition.
Once your application has been reviewed, the process will be similar to that of disputes over workers’ compensation. You will need to prove why your case should be reopened and if you should be given any benefits.
You Can File a Claim for Aggravation of an Old Injury
In the event that you cannot reopen your workers’ compensation claim, you can file a claim for an old injury that was aggravated by a work-related activity at the same job or at a new one. For example, let’s say you were fully compensated for a back injury you suffered at work and then years later the pain started when you lifted a heavy tool at work. In this case, the worsening of your back injury can be considered a new injury. You, therefore, have to follow Massachusetts rules for reporting your new injury.
Get a Plymouth Workers’ Compensation Lawyer to Help You
Reopening a workers’ compensation claim is not a straightforward process. The process itself can be difficult to understand and it varies from one state to the other. If your injuries worsened after a judge ruled on your claim, you should consider talking to a Plymouth workers’ compensation lawyer.
At Kevin P Landry Law Offices, our workers’ compensation lawyers are well versed with workers’ compensation laws in Massachusetts and we know how best to apply them in your situation. If you hadn’t hired a lawyer to represent you the first time you filed for workers’ compensation, you should consider hiring one now because you could have a hard time convincing a judge that your aggravated injuries were caused by old ones.
We offer free initial consultations and we are open 24/7. Contact us at 508-746-2700 to schedule your free initial consultation today.
