QUESTION
Do I need to file a new claim from a work related injury?
Asked on Oct 26th, 2012 on Personal Injury - Georgia
More details to this question:
I injured my back in July 2012, sought care from workers comp doctor, felt better returned to work without restrictions. Now I have re injured my back again in Oct 2012. Dealing with back sprain, sciatica. I have difficulty with ADL's. OBWC approved my medical for 10 years. The only care I can receive is from the E.R., and they won’t do an MRI. Workers Comp doctor refuses to treat me, telling me that I need to file a new claim for a re injury. What good is my approved medical for 10yrs if I can’t receive treatments?
7 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sorry I don't know the meaning of all your initials. If you RE injured your back (new injury) file a new claim as the doctor says. I have never heard of someone getting approvals of medical care for 10 years in the future and in advance of proof of need.
Answered on Oct 30th, 2012 at 9:12 PM
I'll assume for the sake of this question your injury occurred in Iowa. You may or may not need to file a new claim; it all depends on the second "incident" in October 2012. Just go and either report a second injury date or hire a lawyer and they will do it.
Answered on Oct 28th, 2012 at 3:08 AM
Workers Compensation Attorney serving Santa Ana, CA
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Dennis K. Thomas
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In California, the answer is you DO NOT have to file a new claim. Of course the insurance company will want you to file a new claim for several reasons. The primary reason is because a disability award is likely to be worth less with 2 injuries than with one injury.
Answered on Oct 28th, 2012 at 3:08 AM
William C. Gosnell
Yes file a new claim.
Answered on Oct 28th, 2012 at 3:08 AM
You should either file a new claim or have your previous claim reactivate, if possible to cover your new or aggravated injuries..
Answered on Oct 28th, 2012 at 3:00 AM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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You just need to have new claim filed and seek medical under new claim. You can request a new doctor as well- if proper procedures not followed you can select doctor who is not on panel.
Answered on Oct 28th, 2012 at 2:59 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The medical was approved for 10 years out of the July injury. Now you are seeking treatment from the October injury. New injury, new claim. So, yes, you do need to file a new claim. There are other reasons as well. So do it. What's the big deal?
Answered on Oct 28th, 2012 at 2:59 AM