Can a Workers Comp Case Be Reopened in Massachusetts?

When you’ve suffered a work-related injury or illness and were approved for workers compensation benefits, you might be wondering whether you have the option of reopening your case once your benefits have been terminated or your case was closed. Continue reading to learn more about when you can reopen a workers comp case in Massachusetts.

Stipulation and Award

If your case was resolved under a stipulation and award, then you may be able to reopen your closed workers comp case under very specific circumstances. Some of the reasons why you might need to reopen your case include your disability worsening, an issue in your paperwork, or if there was a legal error made that resulted in the closure of your case.

In these scenarios, you will have five years from the date in which you were injured to pursue the reopening of your case. When you discuss your reasons for wanting to reopen your case with your attorney, they will be able to determine whether you have the right to do so under Massachusetts workers compensation laws.

The Compromise and Release

In the event that your case was closed under a compromise and release settlement, you will unfortunately not have the option of reopening your case for any reason other than fraud.

This is because these types of settlements contain provisions that explicitly release your employer and their insurance company from any past, current and future claims that might arise from the same work-related condition you endured.

Most often, compromise and release cases involve a lump sum settlement offer. If you’ve been made such an offer, it’s important that you review these details with your attorney before you accept it so your lawyer can advise you accordingly.

A Massachusetts Workers Comp Lawyer Can Help You

Before you close your workers compensation case, enlist the services of a highly trained workers comp attorney in Massachusetts. At Joel H. Schwartz, PC, we’ll ensure that you fully understand the consequences of closing your workers compensation claim so you are prepared for what you can expect if you find yourself in need of additional benefits at a later date.

You can schedule your free claim assessment today by giving our office a call at 1-800-660-2270 or by filling out the convenient contact form we have provided below.