Workers' Compensation Discussion Forums
Too late to reopen?? - Printable Version

+- Workers' Compensation Discussion Forums (
+-- Forum: Category (
+--- Forum: Injured Worker Forum (
+--- Thread: Too late to reopen?? (/showthread.php?tid=13174)

Too late to reopen?? - Lruss - 01-05-2012

I am new to this list, I found it after google searching my questions with not luck.

I am in Ohio. In 2009 I was a school bus driver and I hit a deer. I his hard enough to crack a rib and had massive back pain. I finished my route I was on when I hit (they brought me a new bus) and I even did the next elementy school run but by the time I got back I was in so much pain that they had to bring a van around to my bus to get me off and take me to the ER.

I went through all the Physical therapy and treatment they had me go through. I went back to work for about month before they did route cuts and I was offered a 2 hour route which didn't pay for the gas to get there and home or child care so I had to quit.

I did not go back to work anywhere but have built up a graphic design business (freelance from home). I have continued to have back pain even though I worked out and tried to strength the muscles as the advised. The summer or 2010 started a horrible cycle of back pain and what they now are calling Fibromyalgia (which is brought on by trauma) and I have to take cymbalta in order to be able to function and get through the day. I am fortunate to be able to set my own working hours.

My question is this medication co payment is about 100.00 a month I am having trouble affording it, I believe this pain is a resault of the accident and is long term, it's been 3 years, is it possible to go back and have this re evaluated. Would they even consider this pain to be related to that incident after this long?

Any constructive thoughts and advice would be very much appreciated!!
Thanks in advance!

RE: Too late to reopen?? - 1171 - 01-06-2012

The statute of limitations on a claim is determined by the date of injury, disability or death, and the claim type.

Medical-only claims with dates of injury prior to Oct. 20, 1993, are statutorily closed six years from the date of injury.
Medical-only claims with dates of injury on or after Oct. 20, 1993, are statutorily closed six years from the date of last payment of medical benefits.
Lost-time claims are statutorily closed 10 years from date of last payment of medical benefits or compensation or from the date of death.

because of the intervening time and events you will likely need to litigate your claim to receive any further benefits.