Is the company still liable for my reoccurring pain? 14 Answers as of December 30, 2010

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.

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Dack Marasigan, LLP
Dack Marasigan, LLP | Martin E. Dack, Esq
Yes if the injury can be related to the on the job accident. You should contact a workers' compensation attorney.
Answer Applies to: California
Replied: 12/30/2010
The Connelly Firm P.C.
The Connelly Firm P.C. | Thomas 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.
Answer Applies to: Pennsylvania
Replied: 12/18/2010
Willens Law Offices
Willens Law Offices | Matthew Willens
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.
Answer Applies to: Illinois
Replied: 12/16/2010
Patrick M Lamar Attorney
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
Replied: 12/16/2010
Law Office of Travis Prestwich, PC
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
Replied: 12/16/2010
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    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.
    Answer Applies to: Illinois
    Replied: 12/16/2010
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    If you have not closed the case you need to seek the doctor's care and advise immediately.
    Answer Applies to: Tennessee
    Replied: 12/16/2010
    Kelaher Law Offices, P.A.
    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
    Replied: 12/16/2010
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    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
    Answer Applies to: Virginia
    Replied: 12/15/2010
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    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
    Replied: 12/15/2010
    Lyle B. Masnikoff and Associates
    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
    Replied: 12/15/2010
    Cody and Gonillo, LLP
    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
    Replied: 12/15/2010
    Van Sant & Slover LLC
    Van Sant & Slover LLC | David Van Sant
    Depends on whether the claim has been settled - you need to contact an attorney
    Answer Applies to: Georgia
    Replied: 12/15/2010
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