QUESTION
Is the company still liable for my reoccurring pain? How?
Asked on Jun 19th, 2015 on Personal Injury - Illinois
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 2013. I sneezed and now I have reoccurring pain in the same area.
7 ANSWERS
Edwin K. Niles
That would be a yes.
Answered on Aug 27th, 2015 at 7:15 PM
Ronald A. Steinberg
As long as you have medical evidence proving that the injury and symptoms are continuing, and that there was no intervening incident, the insurance company is still responsible.
Answered on Jun 22nd, 2015 at 8:30 AM
James Eugene Hasser
You have 2 years from the injury or last payment of compensation, whichever is later, to file suit for comp benefits or you will be forever barred from doing so. There is no time limit on a claim for medical benefits.
Answered on Jun 19th, 2015 at 7:47 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I suppose the key question is whether your new pain is caused by the original occurrence or not. To know for sure, you can consult a doctor and ask the question, or you can make a further or supplemental claim with the employer's Workers Comp.
Answered on Jun 19th, 2015 at 4:56 PM
The W.C. carrier is liable for the back injury that occurred. ?the question is whether you suffered an new back injury or not. ?If the back injury had not resolved and this was just a re-occurrence of the original injury because of a reasonably forseeable incident [which sneezing is] then they are still liable.
Answered on Jun 19th, 2015 at 2:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you have not settled the case ant it is related you are covered.
Answered on Jun 19th, 2015 at 1:06 PM
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 from the date of accident in Illinois to file an Application For Adjustment Of Claim (the formal filing for a work-related injury). Since your accident happened in 2013, you could still file a workers' compensation case in Illinois. However, there is a two-year limit for filing suit in Illinois for injuries that do not happen at work. You should consult with an injury attorney immediately to see what your options are.
Answered on Jun 19th, 2015 at 12:05 PM