When a workers’ compensation case is decided, it is generally considered to be a final decision. However, there are some circumstances where you could petition a judge to reopen the case and grant additional compensation. As you might imagine, there are not many reasons why a resolved case would be allowed to be reopened and reviewed, but we want to use today’s blog to spotlight some of the ways you may be able to have the courts take another look at your workers’ compensation award.
Reopening A Closed Workers Compensation Case In Minnesota
Under Minnesota law, a closed workers’ compensation case can be opened under four specific circumstances. We’ll expand on each of those circumstances below:
Mutual Mistake Of Fact – A mutual mistake of fact occurs when both sides are working with what turns out to be misleading or incorrect information. If facts are misreported during your settlement and it ends up affecting your bottom line, you can petition to have your case reopened.
Newly Discovered Evidence – The discovery of new evidence can also lead to a reopening of your workers’ compensation case. For example, if it turns out that safety checks were not conducted as your employer said they were, you may be eligible for a larger compensation award.
Fraud – Your case can also be reopened if it turns out that your employer committed a fraudulent act during the case. If they illegally influenced witnesses or falsified records about your injury claim, and it impacts your award, your lawyer can petition to have the case reopened.
Substantial Change In Medical Condition – Finally, if you have experienced a substantial change in your medical condition since the time of your award, and this change is related to your original work injury, you can have your injury case reopened and reevaluated.
When arguing this last point, it’s important to note that it’s not going to be easy to get your case reopened simply because your condition worsened. Oftentimes it is expected that your condition will get worse over time, and this is usually considered during the original settlement agreement. To win with this petition, you must prove some specific elements. Those elements are:
- The change occurred since the award was granted;
- The change in medical condition was not anticipated; and
- The change in medical condition could not have been reasonably anticipated at the time of the award.
This is a significant threshold to meet, and when you consider that you will face significant pushback from the insurance company and their legal team, it is imperative that you have a lawyer by your side. With any of the above circumstances, you not only need to prove with evidence that they exist, but that their existence also impacted your injury award. There may have been a mutual mistake of facts, but if it didn’t affect your bottom line, you’re not going to be able to have the case reopened.
If you believe you have a legitimate claim to have your injury case reopened, you need to reach out to an experienced legal team for more information. In the greater Twin Cities area, we hope you’ll reach out to the injury experts at Hey Workers for a case evaluation. Whether you need help moving forward with an initial claim or petitioning to have your injury case reopened, we’ll be there for you. Give our team a call today at (844) 439-9675.
