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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My husband was hurt on the job in 2008. His boss fired him

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My husband was hurt on the job in 2008. His boss fired him and we fought with workers comp for over 2 years without any payment other than minimum medical. We had to fight for every test or treatment for months. After three tests, they found "nothing" and deemed my husband a liar. We were forced to settle with them just to get a fraction of pay they owed him. Our lawyer was terrible but we found out you cannot fire them after they start the case. W/C gave us almost nothing for future medical ($750 I think it was) and refused to continue any further medical because they said the doctor said my husband was at maximum medical improvement (he said he never told them that). We survived by getting unemployment for the next year, while my husband looked for a job unsucessfully.
About six months ago, my husband started having the same pain again, and ended up in the emergency room. He sometimes had episodes of pain, but it seemed to increase dramatically. He now is on Medicaid. He has been seeing the pain doctor again, and they are pretty sure it is a nerve issue. The doctor says my husband cannot get disability, but he cannot work either. He is in constant pain now.
The insurance company just sent us a form to fill out asking if the treatment he is receiving now is due to a work accident. I am afraid if I say the wrong thing he will lose the insurance and we have to have it for him. The orginal injury was work related, but we are not sure what caused the sudden onset of serious problems. The questionaire asks if anyone other than himself is responsible for the injury, and I do not know how to answer this. Should I blame the original accident from four years ago for his pain now? If I do, will they refuse to give him further treatment? If they do refuse, how will he get help? We were forced into a settlement with workers comp because they said there was no evidence my husband was hurt. No x-ray, CT scan, or bone scan will show a nerve injury! I need answers FAST
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Customer: replied 4 years ago.
I have not received an answer yet.
Customer: replied 4 years ago.
I am sorry, he was hurt in 2009, not 2008.
Customer: replied 4 years ago.

I still have received no reply to this.


 

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Hi,

I'm sorry to hear about your situation. Unfortunately, because you settled the prior workers compensation claim, this generally involves giving up your right to seek future medical benefits under the same claim. So coverage for the injury is only going to be under his current insurance plan. Because this was an aggravation of a potentially pre-existing injury (and not simply treatment on an old injury), it counts as a new injury.

That being the case, in your insurance claim now, you do not need to state that the injury is old or that he received it while at work. You can state that this is in the same spot as an old injury he had previously been treated for.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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