Carlsbad, CA asked in Workers' Compensation for California

Q: Do I pursue the previous insurance or start new claim with the new insurance for my back injury?

the work comp insurance accept the neck injury but deny my back injury because 2 years ago I didn't mention in the paper.

Now my employer has change different work comp insurance. Do I pursue the previous insurance or start new claim with the new insurance for my back injury? Im currently working, I can just file new claim. If pursue then I need lawyer?

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1 Lawyer Answer

A: BOTH. You really should sort this out with an attorney specializing in Workers Comp only. You have a denied claim on the neck from 2015; but you kept on working, performing all regular duties?? That could be medical evidence that you did not sustain a labor-disabling back injury. Were you off work the past two years? if so, you cannot claim a new injury date of 2017. Do you have doctor's reports showing you have an industrial back injury in 2015? If so why haven't you already gone to trial to prove you hurt your back on the job ?? If you sprained your back in 2015 and then repetitively re-injured your back between 2015 and 2017 doing the same work, you need a lawyer to very carefully phrase that in two separate claims.

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