Connecticut Worker's Compensation - Help For Injured Connecticut Workers

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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default Workers Comp Time Limits

    Hi all. New to this forum. Sorry if this turns out to be a novel!

    Quick back story: I injured my knee on the job in 1997, had 4 surgeries in 4 years, still not 'right' but getting along. I never settled my claim because I thought I would need continuing medical care for the injured knee.

    Last time I saw my MD was early 2006. I haven't been back because I have basically been avoiding the inevitable visit to the OR. I recently looked up my WC claim online through the insurance carrier and it's 'closed' which is no surprise.

    I never had an attorney because, at the time, all that I approached declined because I was a low wage peon working at one of the state's casinos. Apparently, they wouldn't have made enough off me to make it worth their while...

    Is there a time limit regarding one's benefits? Is it plausible to request that it be reopened to seek new medical advice? The way that technology has changed in the 13 years since my injury has piqued my interest. Maybe it's moved forward enough to give me some relief!

    Thanks for reading and I appreciate any and all advice you may have!

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: About Time Limits

    rather then time limits the first thing you need to worry about is medical documentation that your current need for treatment is due to what happen 13 yrs ago and not anything since.
    aggravations are considered new injuries and it more likely they will deny treatment as you have aggravated the condition either thru non-industrial use or other work injuries.
    make sure you have medical support before request benefits on the old claim.

  3. #3
    Join Date
    May 2007
    Posts
    101

    Default Re: About Time Limits

    Was your employer one of the indian casinos? If so, they are their own sovereign nations and have have their own WC Courts. If that is the case, call a WC lawyer in New London County and run it by them. Those are all unique case, not covered by CT WC law.

    Jim
    James F. Aspell
    Board Certified Worker's Compensation Specialist
    A.M. Best Recommended Insurance Attorney
    Designated "Superlawyer"
    Law Offices of James F. Aspell, P.C.
    JFAspell@Aspelllaw.com
    www.Aspelllaw.com
    http://aspelllaw.blogspot.com

    .

  4. #4
    Join Date
    Jul 2010
    Posts
    2

    Default Re: About Time Limits

    I was injured before the Indian Casinos went internal with their WC. I am lucky enough to be covered under CT Law. Unfortunately, that still left some things to be desired due to their sovereignty.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: About Time Limits

    Is it plausible to request that it be reopened to seek new medical advice? The way that technology has changed in the 13 years since my injury has piqued my interest. Maybe it's moved forward enough to give me some relief!
    The ER is likely to deny benefits at this point, precisely as SH described. The time involved, the last time you sought treatment, the possibility of aggreviation/re injury due to other causes... if you were to see your own Dr, and s/he could substantiate that the current condition is directly related to the org injury... you would have the necessary medical evidence/documentation to support your claim. W/o that... your chances are much slimmer.

    Re-lapse/Re-occurance of the org injury...see page 2 here http://wcc.state.ct.us/download/acrobat/Info-Packet.pdf Apparently you're going to have to file a petition with the WC commissioner. S/He may or may not grant the provision of benefits.
    Info on hearings is on page 13

    If you use your own insurance becasue the claim is denied, they have to pay, and go after the WC carrier for reimbursement. The WC carrier must give you a Form 43/denial.

    More info and forms you may need are at the above link.

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