When you file a workers' compensation claim after you are injured at work, and need to seek medical treatment, you will be entitled to compensation for your medical treatments. If you later need to receive future medical treatments, you may wonder if these will be covered by the workers' compensation insurance provider as well. This is something you need to discuss with a workers' compensation lawyer.
Medical Treatment Not Related to the Accident
When you need another medical treatment, one of the concerns is whether the treatment is considered to be related to your injuries. For example, if you received a subsequent injury afterward and your surgery is only necessary because of this new injury, you may not receive compensation through the workers' compensation insurance program.
Whether Your Claim is Still Open
Another factor is how long your workers' compensation claim will remain open. This should not be confused with the statute of limitations because your statute of limitations only refers to the amount of time you have before you are allowed to file a claim. If you are able to file your claim before the statute of limitations is over, you will still be able to file a workers' compensation insurance claim.
Once you have filed your claim, it might be rejected. However, a workers' compensation insurance provider will be able to help you file an appeal so you can still receive benefits even after your claim has been denied.
If your claim is approved, it will then be considered open. When a claim is open, the workers' compensation insurance provider might choose to settle the claim. If this is the case, your claim would then become closed. However, you have the right to decide whether you would like to accept a settlement. If you choose to not accept a settlement, your claim will continue to remain open. However, you should consult with a workers' compensation lawyer about whether this is the best approach to take.
Inactivity
In other cases, your workers' compensation policy might be closed due to inactivity. This will occur if when the workers' compensation insurance provider believes that you are no longer undergoing treatment, all bills have been paid, and there are no outstanding bills. Essentially, if there is a single dollar that could be spent on the claim, the case shouldn't be closed. If the case is closed prematurely, you should speak with a lawyer about how to have the claim reopened.
Share3 February 2022
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