In an ongoing claim. (reinjured back) once reported to the workmans comp. (out of work) insurance company. How long does it take to get my first check? and will they automatically re calculate the wages due at present rate? or, try to pay original amounts from beggining of the claim?
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Read More Answered By: Terence Sean McGraw |
An insurer has 21 days to investigate a new claim, pay the claim or deny it. Whether that rule applies to your depends on whether your have an aggravtion/new injury or a recurrence of your old injury. This is a medical issue that is very fact sensitive and requires careful examination of your medical records and medical history.
The benefit amount will be determined by this determination as well. This type of situation really reqires representation by a good workers compensation lawyer. There are many issues that depend on whether you are classified as a new injury or a recurrence. The situation gets even more complicated if you have changed employers since the injury or if your employer has changed insurers since your injury. If either of these two events have occurred, it is unlikely your old insurer will agree to pay without being taken to court.
In lcose cases, you would want to argue an aggravation or a recurrence based upon the result that is the most beneficail to you. If you would like a referral to a WC lawyer in your area, please feel free to contact me at tmcgraw@wmpalaw.com. You have several excellent workers compensation lawyers in your area. |
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