Paradise, CA asked in Workers' Compensation for California

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?

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3 Lawyer Answers
Dr.  Peter Marc Schaeffer Esq.
Dr. Peter Marc Schaeffer Esq.
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Riverside, CA
  • Licensed in California

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.

Domingo R. Castillo
Domingo R. Castillo
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Pomona , CA
  • Licensed in California

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.

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

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.

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