Can I reopen a workers comp case?

Asked 10 months ago - Baltimore, MD

In 1995 I had an accident while working. It required surgery on the L4-5 disc. I settled out of court with the understanding that my back would be covered for life. I haven't had issues until the last year or 2. When I contacted the lawyer that handled the case he seemed uninterested and told me that I couldn't prove it was related to the original injury. All of my current problems stem from the same disc and I am in constant pain. I have been to the doctors and had several procedures done with no success. I am now without insurance. Do I have any recourse against the workers comp insurance company?

Attorney answers (3)

  1. William J Inman

    Contributor Level 5

    5

    Lawyers agree

    Answered . Assuming that you correctly understand how your case was resolved in the past . . . . . Yes, you have lifetime medical coverage for your injury. However, in order to prevail you must prove that your current need for medical treatment is related to the original injury. When a great deal of time has gone by, this can be hard to prove. Step One: Is to see if your current doctor will state, in writing, that your current need for treatment is related to the original injury. If he or she will not do so, there are other options but they are even more difficult to win with. Feel free to call me for further details as your situation is too complex to describe in print without far too much typing.

  2. John M Connell

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . There are statutes of limitations in most states that prevent reopening after a certain period of time. A Maryland atty can address that issue however even if you can reopen the ins co will fight that and argue that your current need for treatment is not related ( as your atty indicated).
    You can apply for social security disability if you can't work or can get health ins in the next few months to try yo get help. Good luck.

  3. Richard Lewis Magill

    Pro

    Contributor Level 7

    3

    Lawyers agree

    Answered . All states have different statute of limitations or in other words how long you can go without treatment where they will no longer be responsible for it. I would suggest you need a strong medical report from your doctor relating your problems to the underlying workers compensation claim. then I would contact my attorney again to see what they say

    The response herein is not legal advice and does not create an attorney/client relationship

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