I injured my back about 7 years ago at work from a a fall and was on workmans comp for about 3 weeks.

Asked 12 months ago - Hales Corners, WI

even know my back still hurt i just dealt with it. I had pain off and on through the years and recently went in for a x-ray. then a mir. when i first hurt my back from work they took a x-ray only, and said it was a lumbar sprain. my mri now shows 2 disc herniations and pressing into the nerve causing my sciatica. Could the first injury be tied with the 2nd and who decides if a workman's comp case should be reopened a doctor or an attorney or both. there was no settlement or even talk of it, so is it closed or....
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Attorney answers (5)

  1. Israel Ramon

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    Contributor Level 8

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    Answered . Your current condition may be related your prior injury, but you would need a doctor to provide an opinion that there is a connection between your back injury 7 years ago and your 2 disc herniations. It could be that your work following your injury has contributed to your back condition in a material way. If so, you would have an occupational back claim.

    You should talk to your doctor and ask for an opinion as to whether your current back condition is related to your old injury or your work in general since your injury.


    Dis

  2. Samuel J. Bomier

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    Answered . You decide whether you want to re-open a claim or initiate a new one, not the ins. company. However, it is up to your doctor to tell you whether the current back injury is the natural progression of the original injury 7 years ago or whether additional work activities you have performed since then may have contributed to the injury, or a combination of both. As long as you pursue a claim within 12 years from the date of injury or last payment to you for an injury, whichever is later, the claim remains active.

    Given the time that has passed from the original injury, the ins. carrier for that injury is likely to dispute the claim. You may want to consult with an attorney before proceeding. All attorneys who work in the area of worker's compensation claims, do so on a contingent fee basis as mandated by State law. Good luck.

  3. Aaron N. Halstead

    Contributor Level 10

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    Answered . In order for you to make a worker's compensation claim based on the injury from many years ago, your doctor would need to sign a WKC-16-B report -- a required State form -- stating his or her opinion that your current back condition is the result of that work injury. Ideally, the doctor would have reviewed all of the older medical records, including MRIs, X-rays, CT scans, etc., and then the current diagnostic test results, before offering that opinion.

  4. Samuel Cohen

    Contributor Level 20

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    Answered . Medical causation would need to be proven. This requires a doctor's testimony.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  5. Brett A. Borah

    Contributor Level 20

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    Answered . Talk to a good WC attorney right away to assess your option.

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