If I got injured at work in 2008 and now in 2013 am once again having hip problems who should pay for the medical care? 13 Answers as of November 08, 2013

I am a RN and while at work I took the stairs to go to lunch. The stairs had just been mopped and there was no sign. I slipped down the stairs and displaced my hip. I was treated and went to physical therapy, and recovered. However I no longer work for that company but am having a lot of hip problems once again, and have had chronic pain since the accident. I do not want to sue anyone, but wonder if I should be incurring all these expenses?

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Candiano Law Office
Candiano Law Office | Charles J. Candiano
Don't worry, you cannot sue your employer. If you had filed a claim and if you had a nature and extent hearing, you could get ongoing medical care for the rest of your life. If you chose to "settle," YOU closed the claim.
Answer Applies to: Illinois
Replied: 11/8/2013
Vasilaros Legal,LLC
Vasilaros Legal,LLC | Steven T. Vasilaros
If more than one year has gone by without you receiving a benefit (such as doctor's visit paid for under workers compensation), or you have not filed a petition for benefits in the workers compensation court, the n your case is closed by operation of law and no further benefits will be paid.
Answer Applies to: Florida
Replied: 11/8/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
5 years is a long time .as a nurse you know that arthritis develops in areas that are previously injured if you settled your 08 case it is too late to reopen. Who do you think is going to guarantee you wont have problems with arthritic changes for the rest of your life?
Answer Applies to: North Carolina
Replied: 11/8/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Medical benefits are open for life. You should return to the Dr. that treated you for your injuries. Comp should pay for it if you didn't settle and give up your medical benefits rights. Good luck.
Answer Applies to: Alabama
Replied: 11/8/2013
Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
If your work injury happened in Delaware, you had 2 years from the date it happened in which to make a claim for workers compensation benefits. If you did so and comp benefits were paid, you would typically have 5 years from the date of last payment of such benefits in which to make additional claims.
Answer Applies to: Delaware
Replied: 11/8/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    If you reported the 2008 injury at or about the time it happened, and the injury was accepted by the workers' compensation insurance company, then you have the right to lifetime medical care to the extent needed to treat the original injury. Depending on your activities since 2008, the insurance company may dispute that your current problems relate back to the 2008 injury. Ultimately, this is determined by the treating doctor. You should start by contacting the workers' compensation insurance company, and asking it to cover your expenses. If the company refuses, your best move probably would be to contact an experienced workers' compensation lawyer. Good luck.
    Answer Applies to: Iowa
    Replied: 11/8/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    If you get a paid lunch period, then your injury probably would be covered by workers compensation. Make the claim.
    Answer Applies to: Michigan
    Replied: 11/8/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Was there a settlement relation to the prior injury? Who paid the medical expenses then. You should see an attorney with the details for an hour's consultation.
    Answer Applies to: Michigan
    Replied: 11/8/2013
    Behren Law Firm
    Behren Law Firm | Scott Behren
    Might want to discuss with a workers compensation lawyer.
    Answer Applies to: Florida
    Replied: 11/8/2013
    Belushin Law Firm, P.C.
    Belushin Law Firm, P.C. | Vel Belushin
    It sounds like you have or had a workers compensation claim. This has a particular time limit for claiming so speak with a Worker's comp attorney as soon as possible.
    Answer Applies to: New York
    Replied: 11/8/2013
    Gates' Law, PLLC | Thomas E. Gates
    Sorry, you no longer have a claim.
    Answer Applies to: Washington
    Replied: 11/8/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You would have to try to re-open your old comp claim, though I don't know if that's procedurally possible to do. At a minimum, your doctor would have to state in writing that your current condition is due to the original accident.
    Answer Applies to: New York
    Replied: 11/8/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You should have initially pursued a worker's compensation claim, but if you have let a year go by without getting any medical attention, then it is too late to continue to be treated under workers compensation.
    Answer Applies to: Florida
    Replied: 11/8/2013
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