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  1. #1
    Join Date
    May 2007
    Posts
    2

    Exclamation Moved To Another State, Do I Still Have A Claim?

    I was injured on the job 1 and 1/2 years ago, i was put on light duty for about a month. My doctor wanted me to undergo physical therapy for my back but my employer would not work with me on a schedule. I moved from NC to WV in August 06. My former employer has never released me from WC neither did my doctor. I have since returned to work but deal with chronic back pain almost daily. Am I still eligible for WC benefits even though I moved out of state? And if so how do I go about doing this. I think I really need PT. Can anyone help me PLEASE!! Thank You.

  2. #2
    Join Date
    Feb 2007
    Location
    florida
    Posts
    640

    Default Re: Moved to another state, do I still have a claim?

    As long as the statute of limitations has not expired you should still be eligible for medical care. Contact the insurance carrier and ask they provide you with a doctor in WV.

  3. #3
    Join Date
    Dec 2006
    Posts
    38

    Default Re: Moved to another state, do I still have a claim?

    hey mj, I have a claim in ny. Things were getting too expensive for me there so I thought about moving. I called the insurance carrier and asked the , if I moved to florida will I still be covered? they replied yes ny law states you can chose your own dr. when I got to fla, I realized I was tricked and the problems to come would aggravate me to no end. as soon as you mention to a fl dr. that you have a comp claim, they say florida law doesnt allow self refferals. so then I have to explain I am a ny claimant and need dr. localy. each time they say sorry theres nothing we can do. I always ask is it because your affraid they wont pay you or the amount they do pay isnt enough. I never get an answer. I called my attorney stating the i/c misled me and they agreed to help me find a new one. my attorney got pissy and said I should have known better. meanwhile I have to fly just to see my dr. funny thing is the i/c seems to find a local dr for ime's. go figure. then I was told I would be allowed phone sessions with psych thrapist, after 3 months they were cancelled by i/c stating I needed to be present for sessions and they were to stop. I called the i/c losing it, saying now I fully understand why people on w/c go postal. dont be suprised when I do.
    proceed with caution and get it in writing.

  4. #4
    Join Date
    May 2007
    Posts
    2

    Default Re: Moved to another state, do I still have a claim?

    I'm sorry you have had such a rough time. I'm hoping that my situation wont cause me to go "postal". If I was you I would find another lawyer, you want one thats on ur side not vise versa. Good luck.

  5. #5
    Join Date
    Jan 2007
    Posts
    426

    Default Re: Moved to another state, do I still have a claim?

    The laws vary on this from State to State. I've read so many threads, stories and court transcripts where the I/W moves out of State and has to drive Hundreds of Miles to see their primary Doctor and show up for settlement hearings so I'd not only be asking, I'd be finding out and getting everything in writing.
    I know here in Kentucky that you can chose a second Doctor but that's it. This is where I'm at and if I move, I'll have to Fly or Drive back here for all exams, hearings etc.
    Do your research and C.Y.A!
    As far as your case, you will have one until you're deemed at MMI. That's when the payments stop and if there are permanent restrictions it'll go into settlement with the I/C. You will most likely have to deal with the I/C from the State the injury occurred. Like I said before, C.Y.A, before you do anything.
    Good luck and I hope all goes well for you.

  6. #6
    Join Date
    Feb 2007
    Location
    florida
    Posts
    640

    Default Re: Moved to another state, do I still have a claim?

    The carrier has an obligation to provide you with medical care. They are the ones that need to find a doctor for you. If they do not and you are required to travel back to NY for treatment I would file a claim for reimbursement of the costs. It could be that the Florida doctors do not want to take over medical care for an out of state claim. Doctors here in Florida do not usually want to assume the care for these types of issues.

  7. #7
    Join Date
    Jan 2007
    Posts
    426

    Default Re: Moved to another state, do I still have a claim?

    I know it sounds crazy but I/C's are retarded. They'll spend a Dollar to save a Dime.
    I read transcripts from a trial where a Truck Driver who was injured while on duty with USA Trucking, was made to drive over 400 Miles One way to see the treating Physician. They also wanted Him to drive almost 600 Miles One way every Week stating they had light duty work available at their main facility. they would also furnish Him with a Motel Room during the Week and pay Him Millage to and from their Terminal One 1200 Mile round trip per Week.
    He blew out the Disk between L-5/S-1 while trying to free up a Tandem, the same injury I have and trust me, I can't drive 60 Miles let alone 600.
    His treating Physician made the I/C fly Him in for Court stating He was in no shape to drive the 400 Miles. USA's I/C paid for the air fare and that was the Achilles' heel in the I/C's defense. The Doctor testified against the I/C stating their requirements where ludicrous.
    I/C's will do anything and everything to wear an I/W down and get them to walk away. Oh, by the way. The Judge ruled in His favor and granted Him a large settlement for the injury, including pain and suffering brought on by USA Trucking and their I/C.

  8. #8
    Join Date
    Jan 2007
    Posts
    426

    Default Re: Moved to another state, do I still have a claim?

    Quote Quoting ADJ View Post
    The carrier has an obligation to provide you with medical care. They are the ones that need to find a doctor for you. If they do not and you are required to travel back to NY for treatment I would file a claim for reimbursement of the costs. It could be that the Florida doctors do not want to take over medical care for an out of state claim. Doctors here in Florida do not usually want to assume the care for these types of issues.
    Very good point! If they refuse to transfer medical treatment to your new location they will still have to furnish it and pay you Millage to and from treatment and all Court Dates.
    Be prepared for this and use it to your advantage, keeping track of your pain levels in a Diary during the trips, pain level, how many Times you stop during the trip to ease the pain etc...
    This will be crucial info for the settlement case. If they aren't willing to work with you then use it against them, they aren't your Friends.

  9. #9
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,767

    Default Re: Moved to another state, do I still have a claim?

    MJ, do you have a NC claim? Under NC law, they clearly have to provide you a doctor whereever you move to, so demand that the carrier find you a doctor. Ask the NC Industrial Commission for assistance if you don't have a lawyer in NC.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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