Q: In a work comp situation and it has been ten months but I’m still in treatment. Insurance said only covered for one year
What happens after that? If my injury is still being treated and I still can’t work can they stop paying me after one year? I only yesterday got my back injury diagnosis every thing takes forever to be approved etc
A:
In California, workers' compensation insurance typically covers medical treatment for as long as it's necessary, related to the work injury. The one-year timeframe often mentioned refers to the statute of limitations for filing a claim, not the duration of medical coverage.
If you're still in treatment after a year and unable to work, your medical benefits should continue. However, there might be disputes or challenges from the insurance company regarding the necessity or duration of treatment.
In addition, temporary disability benefits, which replace a portion of your lost wages, are generally limited. They can last up to 104 weeks within a five-year period from the date of your injury, but this can vary depending on the specific injury and circumstances.
If you are approaching the one-year mark and are concerned about continued coverage or benefits, it's advisable to discuss your situation with your attorney. They can provide guidance on how to ensure continued medical treatment and what steps to take if the insurance company challenges or seeks to terminate your benefits.
Remember, each workers' compensation case is unique, and the laws and regulations are complex. It's important to stay informed about your rights and options, especially as your situation evolves.
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.
