complicated

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complicated

Postby catlady » April 13th, 2007, 9:59 pm

I fought my claim with atty for 2 years finally won, had surgery, still recovering. Here is my question: I am currently experiencing a new injury in my healthy leg due to overcompensation following surgery. Is the insurer responsible for injuries relating to recovering from treatment?
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Catlady's overcompensation

Postby Im10eight » February 24th, 2008, 4:04 am

Hi CatLady,
How long ago did you settle your claim? If within 5 years you may be able to go back and reopen. However, I will tell you. I had injured my neck (at work) and filed a claim that was accepted. Within 9 months I was back, working the street. Within two weeks the old injury was dogging me again. So I would sit in an awkward position to aleviate pain. A car burglar ran in front of me. I jumped out of my patrol car, but from the position I had sat-to avoid pain-my right leg fell alseep. Upon lunging toward suspect, my right muscle tore to the bone, because it was asleep, because of how I sat, because of the old work injury (point emphasized) . The perpetrator went to Jail, I went to the hospital. Workers comp would NOT allow this injury under the previous claim even though it was (indirectly related). I had to file a whole new claim. Fortunately, it was accepted.

If your overcompensation is repositioning yourself to avoid pain from your other leg or to prevent further damage to it (while working), you are more likely to get it covered as a separate claim, rather than attaching it onto the pre-existing injury. But, as I said, if you are within the five year window you should at least run this by your attorney. Consult with them about it first. Let me know how you fair. On your side& still fighting, SS
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Postby Webmaster » February 24th, 2008, 1:09 pm

It depends on the state but 5 years is the time frame in many states. And so you know, a reopening is more difficult than an initial claim acceptance. You need an attorney to have any chance of succeeding.

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