Can I file for worker’s compensation if I have not healed from surgery on my back?

Question

In fact pain has gotten worse since having laminectomy surgery. Company doctor released me back to work with lifetime restrictions although pains are substantially worse than they were before I had the surgery.

Farzad Sabzevar · Answer

The short answer is yes, provided your injury occurred during the course   and scope of your employment.

Erven Nelson · Answer

If the injury is work related, you can file a workers compensation claim.  There are deadlines, so do it immediately.

James Kelaher · Answer

Go hire a good worker's compensation lawyer you'll save yourself money in the long run.

Andrew Velonis · Answer

You must have already filed for worker's compensation in order to get the surgery. You are probably referring to a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments you have already received. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of

Mark Leonardo · Answer

You likely can. Contact a worker's compensation attorney right away.

Thomas Edward Gates · Answer

You can ask for your case to be reopened.  Provide doctor follow on records to show that it is the same injury.

Laura Lanzisera · Answer

Yes, you can definitely and should file asap. There is a time requirement on when you can even file, so I would consult with a Workers compensation attorney as soon as possible.

Rian Ankerholz · Answer

Time restrictions apply for the filing of a workers' compensation claim. The deadlines vary from state to state. Contact an experienced workers' compensation lawyer in your area without delay.

John Brennan · Answer

See an attorney, sounds like a compensation claim if the problem was caused or exacerbated by work.

Stephen Lombardi · Answer

Yes you may file a workers' compensation claim even before settling   and in many instances we do to preserve the statute of limitations or when  the  insurance adjuster is being unreasonable.

James Eugene Hasser · Answer

In Alabama, your medical benefits are open for life and if you have a permanent set of physical restrictions that prevents you from going back to work, you are entitled to permanent disability benefits. If your employer can accommodate you at the same rate of pay, you would have no claim for permanent disability benefits. If the company lets you go, though, you may have a claim. Consider talking to an experienced comp lawyer in your area.

Arman Moheban · Answer

You should file a claim for worker's compensation benefits that include ongoing treatment, temporary dis ability benefits if you can't work, a settlement for permanent disabilities and future medical care.

Georges Shers · Answer

You can file an Application for Adjudication whenever you want.

David Stoddard · Answer

If the injury is from a work accident, yes, you can.

Ronald A. Steinberg · Answer

Yes. Company is offered for the reasonable and necessary expenses required to treat injuries that were sustained during, or arising out of, the employment.

Paul Whitfield · Answer

I assume you already "filed" when the case was opened. You mean  reopen maybe? Ask the HR person about reopening case, or if no cooperation contact the Industrial Commission in Raleigh. You ought to have a good comp lawyer to help you. by the way many people who have laminectomies have back pain afterward. Just having surgery does not mean you will not have pain. (I have had the surgery myself).

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can I file for worker’s compensation if I have not healed from surgery on my back?

16 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer