Q: I was injured on the job and treated through workmans comp. Years later I'm needing treatment for problems acquired from
The original injury. Would workman's comp still cover medical costs?
A: It all depends how you settled your claim years ago. If you got a lump sum settlement and closed the future medical then the answer would be most likely No. If you left your future medical open for the injured body parts...then the answer would be different. Any treatment though would have to be approved by the insurance carrier and treatment provided through their provider network MPN.
A: Many more facts needed. Contact a workers compensation attorney right away and ask questions. If you have not settled your case, you may have the chance to pursue your claim with the help of a experienced attorney. Good luck.
A: If the body parts that need treatment are specifically mentioned in the settlement document (Stipulations With Request For Award) AND you settled keeping 'future medical' rights open, then YES. If there are new body systems or body parts NOT specifically mentioned in the Stipulations, you can try to add them if it is less than 5 years after your injury date. After 5 years, the state law ends the employer's responsibility for new & further disability from an incident (unless it's due to asbestos). Yes, 'even if' you couldn't know about the development within that 5-year limit. It's not fair, but it's the law. IF YOU SETTLED using the Compromise & RElease Agreement , you get nothing more... a Compromise & RElease Agreement gives you cash to control all of your future treatment, and releases the employer and insurer from all obligations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.