QUESTION
Is the company still liable for my reoccurring pain?
Asked on Dec 15th, 2010 on Personal Injury - Georgia
More details to this question:
I strained a muscle in my back and ruptured a disc in my neck at work. I am still being treated for the neck injury however up until a few days ago my back has been pretty good. I have not closed this case. Is the insurance company still liable for my back? The accident happened in July 2009. I sneezed and now I have reoccurring pain in the same area.
10 ANSWERS
Thomas Patrick Connelly
Yes. You should contact a workers' compensation attorney. I do not handle workers' compensation but an attorney in my building does. Please contact me for his information if you are interested.
Answered on Dec 18th, 2010 at 10:28 AM
Personal Injury Attorney serving Chicago, IL
Partner at
Willens & Baez Personal Injury Lawyers, P.C.
Generally, yes. I would be glad to discuss this matter with you. Please feel free to contact me for a free, no obligation consultation. Thanks.
Answered on Dec 16th, 2010 at 8:58 AM
Wrongful Death Attorney serving Salem, OR
at
Swanson Lathen Prestwich, PC
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In Oregon, you must show that your work is the "major contributing cause" of your injury/pain. In most cases, your claim remains open for medical care for up to five years following the original incident. So, with this recent flare-up you probably are covered. It likely is a question of whether it is a new incident or from the previous injury. Regardless, a worker's compensation attorney would be able to assist you.
Answered on Dec 16th, 2010 at 7:13 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You have three years to file a claim for a work injury in Illinois, so you still have time if you would like to pursue the case.
Answered on Dec 16th, 2010 at 6:43 AM
William C. Gosnell
If you have not closed the case you need to seek the doctor's care and advise immediately.
Answered on Dec 16th, 2010 at 5:58 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
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If the statute of limitations has not run, then the comp carrier (employer) is still responsible. I think under the current comp statute, so long as you haven't let a year go by since the date of your last treatment, I think they're still responsible, but I don't practice workers' comp, so you should get in to see a comp lawyer as soon as you can. They all work (to my knowledge) on a contingent basis, so it shouldn't cost you for a consultation.
Answered on Dec 16th, 2010 at 5:28 AM
I think if your doctors relate the present problem to the accident, them you have a good argument that the insurance company is still responsible. Hope this helps
Answered on Dec 15th, 2010 at 7:13 PM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
That is a little too complicated of situation to give a quick written response. You should contact the attorney helping you with your work comp claim as soon as possible to discuss your case.
Answered on Dec 15th, 2010 at 6:58 PM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
If you did not close the case then make a follow up appointment with the physician who was authorized. Workers comp will still pay for it. However I would not mention the sneezing because they will try to say new problems are not related
Answered on Dec 15th, 2010 at 6:28 PM
3 Awards
Depends on whether the claim has been settled - you need to contact an attorney
Answered on Dec 15th, 2010 at 5:58 PM