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workers' comp dropped me

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  • workers' comp dropped me

    i live and work in louisiana and 5 yrs ago i hurt my back picking up a bucket.I filled out and accident report and went to the company dr. who told me, without x-rays, that it was just a pinched nerve and that i would feel the pain come and go which it did.just recently my back has been hurting unbearably so i filled out another accident report putting that i was unsure of the date of when i hurt my back and went to my own dr. He took x-rays and a MRI which showed that i have a badly balged disc in my lower back which needs sergury.Well workers' comp. paid for the MRI and sent me one check then dropped me saying there was no accident. can they do that......

  • #2
    Workers Compensation

    While I don't know for sure, I'm reasonably sure that there is a limit to the amount of time that passes between an accident and your ability to file a claim or reopen another claim. Even if there isn't, your ability to make a successful claim will be very much in doubt because of the lapsed time.

    The website for Louisiana's workers compensation program may be found at:
    http://www.ldol.state.la.us/wrk_owca.asp. This website has information on how to file a dispute against a claim.

    Let me know if you have any more questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      thanks for the reply

      it was reported as a new accident but because i didn't put a date they dropped me.is that legal or is there away around that

      Comment


      • #4
        Missing Information

        It is legal. They need complete information in order to assess the validity of your claim.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          thanks for the reply

          what can i do,is there anything i can do

          Comment


          • #6
            What Can Be Done?

            Go back to your employer, asking for a copy of the record of the original workers' compensation claim. They may not have it any longer. However, there is a possibility that it still exists. If your former employer doesn't have it, perhaps the insurer does. Another potential place to look for records in your physician's files or the files of the physician from your former employer.

            You'll need to be persistent in getting this information. It probably isn't readily available. Good luck and let me know if you have any other questions.
            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment


            • #7
              thanks for the reply but....

              ok i have the original dr. reports, workers comp had no record of the first time i hurt my back.can that be why they dropped me or is it because i didn't put a date of the recent accident.even the reports from the first time pinpoint a back injury but the dr. i saw never did test to see the extent of my injury.

              Comment


              • #8
                Workers Compensation

                I'm quite sure that you will need the date and other proof that will prove that this is a work-related injury in order to receive coverage. Gather everything that you can and then appeal the denial. Make sure that you meet the timelines for appeals. If you do not win this issue, there is no other option that you can take, in terms of receiving coverage under workers compensation.

                Let me know if you have any other questions.
                Lillian Connell

                Forum Moderator
                www.laborlawtalk.com

                Comment

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