Separate work injuries with 2 different insurance companies?

by James
(Hayward, California)

On October 2, 2012, I injured my shoulder on the job. In January 2014, I had a deposition for this shoulder, and then was referred to an IME (Independent Medical Evaluation). He confirmed this was a workers' compensation injury, and now I am waiting for the workers' comp insurance to give me a referral to see a doctor of my choosing.

These are 2 different injuries on 2 different dates, being handled by 2 different insurance companies, but through the same employer.

I've been on workers' comp since November 2012 for a separate knee injury, had knee surgery in 2013, and continue to be receiving workers' comp payments from the insurance company my employer had at the time.

But, I haven't been receiving any payments for the shoulder injury in October 2012. I'd like to know if the workers' comp insurance company that took so long to accept my shoulder injury is liable to back pay me? Is there anything else about how workers' comp will interact between the 2 insurance companies? Thanks for any info you can give.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Separate work injuries with 2 different insurance companies?":

James (Hayward, California):

If the workers' compensation insurance company ultimately decides your shoulder injury occurred on October 2nd, 2012, they will "back date" your compensation to the date of injury.

The issue is, which insurance company will be liable for the back date for your compensation? From the facts your present the insurance company responsible will be the one which initially handled your shoulder injury claim.

Because of the complexity of medical issues involved in your claim, you would be best served by seeking the advice and counsel of an experienced workers' comp attorney. Most will not charge for an initial office consultation.

Gather copies of all your medical and therapy records. Make appointments with several attorneys. After reviewing your claim, the attorneys will be able to differentiate between your specific injuries and the amount of compensation rightfully due to you.

If the attorney you ultimately choose isn't satisfied with the offer from the insurance company, the attorney will likely request an administrative hearing.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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