Is the company still liable for my reoccurring pain? 14 Answers as of December 30, 2010I 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.
Patrick M Lamar Attorney | Patrick M Lamar
As long as the injury was correctly reported as having happened to your back and a physician will link the problems you are having to your work then it should be covered. However, the farther you are away from an injury the harder it is to get medical treatment paid for. Make sure to report the pain to your company and go to the doctor workers compensation directs you to. If you have additional questions feel free to call us.
Answer Applies to: Alabama
Law Office of Travis Prestwich, PC | Travis Prestwich
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.
Answer Applies to: Oregon
Kelaher Law Offices, P.A. | James P Kelaher
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.
Answer Applies to: Florida
The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
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.
Answer Applies to: Nebraska
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
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
Answer Applies to: Florida
Cody and Gonillo, LLP | Christine Gonilla
Your treating physician must state that in his opinion to a reasonable degree of medical certainty that the current condition relates back to or is an exacerbation (aggravation) of the pre-existing work-related injury. If you have any further questions please feel free to contact me.
Answer Applies to: Connecticut