Personal Injury Law

Ask a Personal Injury Law Question, Get an Answer ASAP!

Have your own Personal Injury Law question?

19 Lawyers are Online Now

characters left:

Not a Personal Injury Law Question?

Question

can a workers comp. claim in Louisiana be considered prescribed if the nature of the illness is one that does not require continuous treatment and can reoccur later on in life?

Edited by XXXXXXXXX on 7/23/2008 at 8:23 PM

Submitted: 487 days and 8 hours ago.

Category: Personal Injury Law

Value: $30

Status: CLOSED

Posted by socrateaser 485 days and 17 hours ago.

Info Request

Not nearly enough facts. Please elaborate.

485 days and 12 hours ago.

Reply

Reply to socrateaser's Post: I have post traumatic stress disorder from a robbery at work. I was going to therapy about 8 years ago and stopped going because I was feeling better I continued to work the entire time. The workers comp. insurance was paying for the treatment. The last time I talked to someone at the workers comp. company they informed me that my claim would always remain open for the rest of my life because of the nature of my illness regardless of the time span between treatment. That was eight years ago. I started to go back to therapy in January and in March I freaked out one day and walked out of my job. They fired me and then reinstated me three days later and then fired me again when my therapist recommended that I not return to work for a at least three months if ever. When I contacted the workers comp. company again they told me I was not entitled to benefits because my claim went unused for so long. They told me that in Louisiana in order for it to remain open I should have at least went to the therapist once every three years. What I wanted to know is there anything I can do about this legally and if not can a new claim be opened on an existing illness.

Accepted Answer

Sounds like you were tricked. You could sue the workers comp fund for misrepresentation because you only just now discovered that you were duped.
But, first, you may want to consider filing a new claim, allow it to be reviewed, and possibly denied, appeal it and then, if none of that works, contact an attorney and file suit against the workers comp fund.

Terms and Conditions: By clicking "Accept" you hereby understand and agree that in consideration for my conversing with you: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others.

Edited by socrateaser on 7/25/2008 at 2:11 PM

Accepts:
Expert:	socrateaser
Pos. Feedback:	93.8 %
Answered:	7/25/2008

Attorney

Retired (mostly)

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.