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Can I Benefit from Worker’s Compensation Years After My Injury?
When you are injured on the job, your first hope is for a speedy recovery and the compensation you deserve. But unfortunately, depending on the exact circumstances, both of these things can be difficult to obtain. In order to be compensated for your injuries, you will need the proper legal representation on your side; recovering quickly from your injury, however, is a different story. While access to top quality medical care will no doubt be helpful, some injuries simply take longer to heal, and can even worsen over time depending on their severity. So in such a case, would you still be able to receive your Worker’s Compensation benefits years after the initial injury occurred? The experts from Jenkins Block & Associates are here to tell you.
Consider the following example: An individual injured his shoulder on the job, and the severity of the injury required multiple surgeries and physical therapy. He was awarded a substantial amount from the Worker’s Compensation Commission in payment for his injury and lost wages. Six years later, after his shoulder had gotten worse, he needed a replacement surgery. The expensive bill was sent to the individual’s Medicare, but was rejected on the grounds that this surgery should be covered by Worker’s Compensation benefits instead.
Was Medicare correct in saying that, even though it has been six years since his initial injury, this individual should be covered for this latest surgery by Worker’s Compensation? Maryland law stipulates that injured workers have a five year period from their last compensation payment date to reopen a case if their condition or injury has worsened. Injured workers’ medical benefits are generally open for life unless they had reached a prior settlement that including these types of benefits. The individual with the shoulder surgery should have contacted legal representation beforehand, who would have helped him navigate this tricky process successfully and gotten his insurance company to cover his surgery expense. Because Medicare is considered a secondary coverage, it is not required to cover the expenses for an on-the-job injury.
Get in touch with an experienced attorney today to ensure that you know all the ins and outs of your Worker’s Compensation case.
We have four offices across Maryland and Virginia with trained legal professionals ready to assist you. Please CALL US at 1-800-243-2439 to be directed to the closest Jenkins Block & Associates location to you.