Wednesday, January 9, 2013

Can Montana Work Comp Claimant Get Medical Care Three Years After Falling At Work?

Question: Is there a way to get the worker's compensation to pay to fix this before it gets worse? I fell at work when I was pregnant by doing something a manager made me do that my doctor told me not to (lift and carry something heavy). When I fell, I twisted my back and hit my knee. I was taken to the ER where I was put in a knee brace and released. A couple days later, I saw a worker's compensation doctor who made me do a series of exercises and sent me back to work. Now three years later, my knee hurts badly and my knee is interfering with my everyday life. When I asked my manager I was told it had been too long they couldn't do anything.



Answer:

Probably not, but in Montana, you can claim additional medical treatment for up to 60 months from the point the injury achieves MAXIMUM MEDICAL IMPROVEMENT.  The real problem would be convincing the insurer that they are responsible for additional knee treatment after three years with no claims made.  Either natural deterioration or a new injury are likely legal causes of the need for additional treatment.  

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