QUESTION
How much time, after the accident, does the injured party have to report 'new' medical issues caused by the accident?
Asked on Jul 08th, 2014 on Workers Compensation - Florida
More details to this question:
The "new" injuries happened at the same time as the obvious injuries that are on all the WC reports but (although they have been complained about) they are not seen on hospital or case reports. WC will not opt to pay for doctors to check out or work on the upper body injuries. Right after the accident the obvious injuries could be seen with the naked eye. The knees, ankle and chins were smashed, bruised or gouged and the heel bone was broken. The was bruising on the ribs and scraps on the forearms. The party was only x-rayed from head to toe, went into immediate surgery for the heel. the open wounds were treated and the hospital only gave reports about the lower injuries. Now the party complains about shoulder, hip and wrist trouble that he is not getting help with. These muscle/tendon/fracture injuries happened during the accident for sure!!!! I beleive if we could get an MRI or something, it would show scar tissue around the spots in question. Can we still make WC cover this?
1 ANSWER
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
Workers Compensation could potentially be liable for the shoulder, hip, and wrist injuries. In order for the Carrier to accept these injuries as compensable, the doctor must opine that the accident is the major contributing cause of these injuries. When dealing with Workers' Compensation doctors, this can be a bit of a challenge. The first thing to do would be to make your doctor aware of these injuries and speak to him about your belief that these are also a result of the work place accident and your desire to have an MRI conducted. You may eventually need what is referred to as an Independent Medical Examination. If the doctor who conducts the IME opines that the accident is indeed the major contributing cause of your injuries it is certainly a step in the right direction but does not automatically mean that the Carrier is going to accept responsibility. Proving that the accident is the major contributing cause of ones injuries is one of the most complex issues in Workers' Compensation law. I would certainly advise the hiring of an attorney for someone in your situation. It would be extremely hard to give specific advise pertaining to a course of action without seeing your medical records.
We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127.
Please view our website for more information:
http://workerscompfl.net/services/workers-compensation
Sincerely,
Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website:
www.workerscompfl.net Email: lmasnikoff@workerscompfl.net
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Answered on Jul 19th, 2014 at 9:44 AM