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how do i open a new claim? - Printable Version

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how do i open a new claim? - buildergirl1973 - 10-14-2008

my original injury was april of 03. did not have any problems with wc, went back to work eventually. it did fine for a couple years, i started having problems with my ankle again, asked at work if i could go back to the dr. the checked withh wc and it was approved so went back, dr ordered an mri, had that, he recommended more surgery, but he felt i needed a surgeon who speciallized in ankles. ok, so i used the the one he recommended.wc approved surgery. Anyways, i am out of work and i need to be paid, a lawyer told me i can open a new claim, and my new date of injury would be the last day i worked. the problem is i really don't want to hire an attorney because they are looking for me to settle, i just want to get back to work asap. So can i ask my work to open a new claim? they switched wc carriers since my initial claim. any information would be helpful, thanks!

RE: how do i open a new claim? - 1171 - 10-14-2008

you'll also need supporting medical opinion that your problems are the resurlt of work activities since your original injury.
You need to complete and file a WC-14, with the State Board of Workers' Compensation and send a copy of the form to your employer and their workers' compensation insurance carrier.
the form is here

RE: how do i open a new claim? - buildergirl1973 - 10-15-2008

thanks 1171. since the weekly would be 67% minus the 25% the lawyer would charge me, would it be better for me if i just let my short term disability pay me till i can get back to work. My claim from 2003 is paying the medical part. i dont want to do anything that will hurt me in the long run.

RE: how do i open a new claim? - 1171 - 10-15-2008

I'm not sure how your short term payments will work.
You still have to pay the atty for their work on the new claim since the whole purpose was to get a new period of temporary disability from workers comp.

RE: how do i open a new claim? - buildergirl1973 - 10-15-2008

i did not file a new wc claim yet, i just spoke to lawyer, i did not hire one yet. so i don't hink i owe him any money. its just if a new claim is opened its 67% + the lawers 25% only leaves me 42%. std pays 60%