QUESTION

Can I sue Workman's Comp for closing my case without ever contacting me, resulting in an unrepairable injury?

Asked on May 29th, 2013 on Personal Injury - Georgia
More details to this question:
Short version: I was I injured at work in December, 2110. I contacted my boss and told him I thought I could finish the day. I have always been the type to heal quickly so again, I told my boss I work continue to work through the pain and see if it would get better; he said Okay. About four to six weeks later it was still not getting better. I asked my boss about seeing a doctor, he said, Okay. At the Express Care they told me that they would send the Medical report to Workman's Comp, and that I should contact them. I called Workman's Comp and told them what the Express Care told me. I would have to see an Orthopedic doctor, possibly need an MRI, and surgery. The Workman's Comp rep asked if I was still working, I said, yes, but it doesn't feel good at all. She then told me, don’t do anything else (treatment wise) until you hear from me, as soon as I get your Medical report, I'll contact you. Just do t do anything until you hear from me. I never heard from her. About a month later I called her office several times leaving messages, getting no response. I stopped trying. I continued working through the pain for two years, during which time I continued to tell my boss about my continual pain. Then finally in February of 2013 the pain was so great I told my boss again that I really needed to have my injury looked at. Workman's Comp told me they closed my case due to lack of contact between us, but they would now authorize a "one time" visit to the Orthopedic doctor. After an MRI, and a follow-up visit to my doctor, I was informed that three of the four tendons and muscles of my right rotator cuff were completely torn from the hummers. Because it has taken me two years to be diagnosed, the injury is now unrepeatable.
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9 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Instead of writing long letters get yourself a worker comp lawyer and let him review your case. part of the problem is you kept on trucking when you should have had care. the insurance c o will likely have a response to your statement that they made no effort to reach you. But get a lawyers help. You are not equipped to do this yourself.
Answered on May 31st, 2013 at 11:11 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I don't know what "inrepeatable" means. However, you have two years from the date of the accident to file a worker's comp claim. Since the employer provided some medical treatment, it is possible that this constitutes filing a claim. You should consult a workers comp attorney to determine whether s\you still have viable claim. Also, they may have waived an statute of limitations argument by advising you to do nothing until they contact you.
Answered on May 31st, 2013 at 11:11 AM

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Ronald A. Steinberg
Get a company lawyer immediately. It may be too late.
Answered on May 30th, 2013 at 12:21 PM

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James Eugene Hasser
In Alabama, you have 2 years to file a comp claim. However, medical benefits are open for life and there is no time limit. An aggravation of a pre-existing condition is considered a new injury and your time starts to run all over again. If you recently were doing something at work to aggravate your shoulder condition, you may have a new claim for comp. If it's a flare up, it's considered the old injury. Ask your Dr. if it's a flare up or aggravation. If the latter, make a new claim. If they won't help you, look for a lawyer who does comp cases.
Answered on May 30th, 2013 at 9:56 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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They do this all the time, cut someone off and force them to appeal for re-instatement. There could be a problem due to the extended period of time, though. I don't quite understand why it took you so long to take action, and that may hurt you in front of the appeal board. Get a lawyer, file an appeal, see what happens.
Answered on May 30th, 2013 at 9:56 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Although I am not a workman's comp attorney, I don't think you need to "sue" wc, you simply need to file a wc claim with your employer. I believe they should pay for any wage loss or medical care and testing. If they do not, you should contact a local Michigan attorney that regularly handles workers comp cases and have them advise you further. Indeed, you may want to have such a consultation even before you file, so you know what you are entitled to.
Answered on May 30th, 2013 at 9:55 AM

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A case can always be reopened you simply need to be more persistent.
Answered on May 30th, 2013 at 9:55 AM

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No, you are restricted to the WC proceedings. You might be able to increase benefits by 50% for serious an willful misconduct but since that was on behave of the insurance company and occurred after the accident you should not be able to succeed. You could go for a 10% penalty for delay in benefits. You should seriously consider going to see a WC specialist who represents injured employees.
Answered on May 30th, 2013 at 9:54 AM

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Workers Compensation Attorney serving Atlanta, GA at The Law Offices of Laura M. Lanzisera
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Yes but need to file as a new injury based on continued work. You should contact a WC attorney ASAP.
Answered on May 29th, 2013 at 9:15 PM

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