Can WC Company be liable?

[darrinb]

After talking to some friends I was wondering if a WC can be liable. I was injured in 2008 and settle in 2009 with the option to reopen in 2 years. When I had asked them to reopen my case it took them over 1 1/2 yrs to reopen. When they finally contacted me they had told me that the limitation had expired. I had to get my attorney to call them.

My question is if they would had sent me to get treatment before 1 1/2 yrs then maybe I will not have to get a surgery now. I am in NJ does anyone knows?

[Cervical_Fusion]

(04-04-2012 10:33 PM)darrinb Wrote:  After talking to some friends I was wondering if a WC can be liable. I was injured in 2008 and settle in 2009 with the option to reopen in 2 years. When I had asked them to reopen my case it took them over 1 1/2 yrs to reopen. When they finally contacted me they had told me that the limitation had expired. I had to get my attorney to call them.

My question is if they would had sent me to get treatment before 1 1/2 yrs then maybe I will not have to get a surgery now. I am in NJ does anyone knows?

What kind of settlement did you receive in 2009 ??????

[darrinb]

(04-04-2012 10:36 PM)Cervical_Fusion Wrote:  

(04-04-2012 10:33 PM)darrinb Wrote:  After talking to some friends I was wondering if a WC can be liable. I was injured in 2008 and settle in 2009 with the option to reopen in 2 years. When I had asked them to reopen my case it took them over 1 1/2 yrs to reopen. When they finally contacted me they had told me that the limitation had expired. I had to get my attorney to call them.

My question is if they would had sent me to get treatment before 1 1/2 yrs then maybe I will not have to get a surgery now. I am in NJ does anyone knows?

What kind of settlement did you receive in 2009 ??????

It was a cash settlement about $11,000 with the option to reopen the case within 2 yrs for more cash, medical treatment or both.

[lucky]

(04-04-2012 10:40 PM)darrinb Wrote:  

(04-04-2012 10:36 PM)Cervical_Fusion Wrote:  

(04-04-2012 10:33 PM)darrinb Wrote:  After talking to some friends I was wondering if a WC can be liable. I was injured in 2008 and settle in 2009 with the option to reopen in 2 years. When I had asked them to reopen my case it took them over 1 1/2 yrs to reopen. When they finally contacted me they had told me that the limitation had expired. I had to get my attorney to call them.

My question is if they would had sent me to get treatment before 1 1/2 yrs then maybe I will not have to get a surgery now. I am in NJ does anyone knows?

What kind of settlement did you receive in 2009 ??????

It was a cash settlement about $11,000 with the option to reopen the case within 2 yrs for more cash, medical treatment or both.

Very unusual settlement. Generally, WC IC wants to "close the books forever" when a case is settled.


How did you get them to go for this? Maybe a state rule?

[darrinb]

(04-05-2012 10:08 AM)lucky Wrote:  

(04-04-2012 10:40 PM)darrinb Wrote:  

(04-04-2012 10:36 PM)Cervical_Fusion Wrote:  

(04-04-2012 10:33 PM)darrinb Wrote:  After talking to some friends I was wondering if a WC can be liable. I was injured in 2008 and settle in 2009 with the option to reopen in 2 years. When I had asked them to reopen my case it took them over 1 1/2 yrs to reopen. When they finally contacted me they had told me that the limitation had expired. I had to get my attorney to call them.

My question is if they would had sent me to get treatment before 1 1/2 yrs then maybe I will not have to get a surgery now. I am in NJ does anyone knows?

What kind of settlement did you receive in 2009 ??????

It was a cash settlement about $11,000 with the option to reopen the case within 2 yrs for more cash, medical treatment or both.

Very unusual settlement. Generally, WC IC wants to "close the books forever" when a case is settled.


How did you get them to go for this? Maybe a state rule?

I don't really know perhaps it was my lawyer. Hmmm and I was having second thought about him this time around because how long it took him to get this case reopen. I also thought that he was not being stern enough with them. He never sent me to his doctor either. I guess I have to research to see if it was a state rule.

[darrinb]

(04-05-2012 11:59 AM)darrinb Wrote:  

(04-05-2012 10:08 AM)lucky Wrote:  

(04-04-2012 10:40 PM)darrinb Wrote:  

(04-04-2012 10:36 PM)Cervical_Fusion Wrote:  

(04-04-2012 10:33 PM)darrinb Wrote:  After talking to some friends I was wondering if a WC can be liable. I was injured in 2008 and settle in 2009 with the option to reopen in 2 years. When I had asked them to reopen my case it took them over 1 1/2 yrs to reopen. When they finally contacted me they had told me that the limitation had expired. I had to get my attorney to call them.

My question is if they would had sent me to get treatment before 1 1/2 yrs then maybe I will not have to get a surgery now. I am in NJ does anyone knows?

What kind of settlement did you receive in 2009 ??????

It was a cash settlement about $11,000 with the option to reopen the case within 2 yrs for more cash, medical treatment or both.

Very unusual settlement. Generally, WC IC wants to "close the books forever" when a case is settled.


How did you get them to go for this? Maybe a state rule?

I don't really know perhaps it was my lawyer. Hmmm and I was having second thought about him this time around because how long it took him to get this case reopen. I also thought that he was not being stern enough with them. He never sent me to his doctor either. I guess I have to research to see if it was a state rule.

I found out that it was a state rule that gave me 2 yrs to reopen. So maybe my lawyer still is not that good, in fact he called me about a week ago and ask me if I was still being treated. I thought that was something that he should have none. I also did a search on him at lawyers.com and there was nothing really about him only that he had a peer rating of 2.9 of of a possible 5. What should I do? Talk to another attorney?

[Cervical_Fusion]

Are u sure it was a settlement that you received, Here you can get an indemnity payment (for loss of use) and after 2 years you can go back and apply for another one (ins case your satatus has physically changed) and then they would pay out the difference of increase to you. That would sill be an indemnity payment or per partial loss payment. This is not the same as a settlement here. While you are getting this payment here your future medical portion is still open and remanins open. Does any of this sound familiar to you in your state.

[darrinb]

(04-07-2012 05:06 PM)Cervical_Fusion Wrote:  Are u sure it was a settlement that you received, Here you can get an indemnity payment (for loss of use) and after 2 years you can go back and apply for another one (ins case your satatus has physically changed) and then they would pay out the difference of increase to you. That would sill be an indemnity payment or per partial loss payment. This is not the same as a settlement here. While you are getting this payment here your future medical portion is still open and remanins open. Does any of this sound familiar to you in your state.

I believe it was a settlement I had found my paper work from the court dated June 26 2009 and it's states Order approving settlement & signed by the judge. I do remember the judge telling me that I can reopen my case within 2yrs for more money, medical or both. This happen about a month or two after I was release to full duty. My medical also stop then as well

I also remember my attorney telling me that I can reopen my case 2 years from the date of my last payment in which I was given a lump sum. However he did say that in NJ you can only reopen if your condition gets worse and can not seek money or medical treatment just for pain.