Q: Case closed but case still open with my doctors and I’m unable to see my doctor.
What can I do if my employer never close my case with my doctors and I’m unable to see my doctors? I’m trying to contact them but it’s going to their voicemail. Can I sue them for pain and suffering because of all the stress they’re causing me?
A: If the indemnity/lost wages portion of your case was settled but the medical portion of your case remained open, you should contact your attorney or an attorney that has experience in workers' compensation cases to help. You may be able to file a petition for benefits seeking continued authorization of your work comp doctor. It's unlikely that you can sue the employer/carrier for pain and suffering but there are exceptions to that general rule. Further details and discovery would be required for an attorney to make that determination.
Tim Akpinar agrees with this answer
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.