Minnesota  |  Workers Comp

Legal Question

Asked on: 4/16/13, 11:01 am

I had a workers comp claim filed in 2008 when I was injured in a car accident (other driver at fault) while working. At the time, the insurance company offered a minor settlement, as my injury was considered "soft tissue damage." Although the W/C case was closed, we did not accept the insurance company's settlement.

I was seen twice at a local hospital/urgent care center but they did not perform XRays.

However, a later dated x-ray revealed a fractured vertebrae. For the past two years, I have been seen regularly for degenerative back pain. The degeneration is likely a result of the fracture, as I am an otherwise healthy and active (at least I used to be) young woman. Treatments include annual MRI's and quarterly spinal injections as well as internist, specialist, and surgical consults plus physical therapy.

Is this simply a W/C case that needs to be reopened or would malpractice be involved with the case? MN has a strict statute of limitations on malpractice. The incident occured over 5 years ago, but I was only made aware of the fracture in the past 6 months. I'm also curious about the responsibilities of the attorney who did not do his due dilegence when I went to him 4 years ago for review of the case.

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