It is not uncommon for people who are hurt on the job to ultimately resolve their workers’ compensation claims via settlement agreements. Generally, such agreements will not be set aside, with few exceptions, as discussed in a recent Massachusetts ruling. If you were injured at work, you may be owed benefits, and it is smart to meet with a Massachusetts workers’ compensation attorney about your options.
Facts of the Case
Reportedly, the plaintiff, a correction officer, was injured while performing duties at work, which led to them receiving workers’ compensation benefits from their self-insured employer, due to a permanent disability. Additionally, the plaintiff was awarded accidental disability retirement benefits by the State Board of Retirement, although these ADR benefits were offset by the workers’ compensation benefits received by the plaintiff. Before reaching a lump sum settlement, the plaintiff received combined workers’ compensation and ADR benefits amounting to about $4,300 per month.
Allegedly, the plaintiff entered into a lump sum settlement to end their workers’ compensation claim for a $10,000 payment. Following the settlement, they were only eligible to receive ADR benefits, which totaled about $2,500 per month. The discrepancy in these benefit amounts resulted from the distinct calculation methods used by the workers’ compensation and ADR systems. Thus, the plaintiff sought rescission of the lump sum settlement agreement on the basis of mutual mistake of fact. Continue reading →