Q: I worked for a home care company for a couple years. In May 2017 I injured my back and never received physical therapy,
As part of my workman's compensation I was to receive physical therapy. I worked until I couldn't take it anymore and they fired me in October 2017. I need to find out if I can hire a lawyer, even though they closed the case and I continued to work because I needed to work to make ends meat.
A: Yes, you should be able to hire a lawyer. You have 2 years from your date of injury to bring a claim. If by "closed" you mean the insurance company closed their file, that is not the same thing as a case actually closing. Insurance companies often say the case is "closed" when what they mean is they closed their file. A case officially/legally "closes" when it is settled, or an award is made, or the time to bring a claim runs out. If you never settled, then you still have time to pursue the claim and seek additional benefits. The insurance company should have provided physical therapy if it was ordered by the authorized treating physician and there may be other benefits you could be entitled to. You would be well served to take advantage of a free consultation to discuss the specifics of your case and your options.
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