What can I do if workman's comp is not covering my injuries? 30 Answers as of February 20, 2012I was hurt on the job. (bulging disc) I have been getting injections for 14 months and nothing is taking the pain away. Do I have a case? I just want to be fixed and return to work. However, the workman's comp insurance does not pay my salary for days off until I am out of work for two weeks. Two days of missed work cost me $400 dollars. The injections are not working. I do not want to lose my job but surgery will put me out of work for months and workman's comp will not let me go to a credible spine specialist and the Doctors I have spoken with said they would be happy to see me if I use my own insurance? Do I have a case?
Attorneys Gonzales & Gonzales | Marissa Gonzales
It sounds like workers compensation is responsible for paying for the back treatment and time off so long as it was caused by the on the job injury. Probably needs to get a workers compensation attorney to fight it. How did the injury happen? If a person not employed by injured person's employer is at fault, then injured person can also make claim against at fault person and make liability/bodily injury claim as well.
Answer Applies to: Texas
Michael Anthony Wing, P.C. | Michael Anthony Wing
Maybe. If you are in the Mobile area, call my secretary to come discuss the facts of your case in person. If you are not in my area, tell my secretary where you are, and I will find competent counsel to help you in your area. Stay well.
Answer Applies to: Alabama
Rice & Co., LPA | Kollin Rice
Ohio workers' comp benefits for lost time begin after 7 days. If you have already missed some days, thouse will count toward your total. If you need the surgery, you can get it under your own insurance, but if you do so, it is going to be a tough battle to get paid for your time off through workers' compensation. If the doctor you want to do your surgery is willing to work with you as to workers' compensation, you may be able to fight for that. You should review the particulars of your case with a workers' comp attorney to see what can be done.
Answer Applies to: Ohio
Tenge Law Firm, LLC | J. Todd Tenge
It sounds like you definitely have a valid workers compensation claim. You should retain a qualified, workers comp lawyer to pursue you claim for you. Also, if the injury was caused by the negligence of a third party (while you were on the job), you would also have another, independent claim for personal injuries based upon that person(s) or company(s) negligence. Again, consulting with a qualified personal injury lawyer would be wise.
Answer Applies to: Colorado
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
The first four days of scheduled work is not compensated. You may have a case to dispute. After 14 months, if injections are not working, then surgery should be considered. Ask the claims adjuster to send you a letter explaining why your request is being denied.
Answer Applies to: Montana
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
It sounds like you are not being treated fairly by the employer and insurer. Get a worker's comp attorney immediately. You have an absolute right to one change of physician and the attorney will be able to get that for you.
Answer Applies to: Georgia
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You can ask the Industrial Commission to let you get a second opinion at the expense of the insurance co. they will usually do that. You can also see a specialist of your own choosing at your own expense to find out if you really have a good argument. Don't sit back and let the carrier call all the shots. Be agressive
Answer Applies to: North Carolina
David F. Stoddard | David F. Stoddard
Your employer is part right. You have to be out for 7 days before you are entitled to lost wages. You may wish to consult an attorney regarding whether you should use health insurance to get a second opinion regarding surgery. It may be that surgery will not fix the problem. You do have a case to be compensated for permanent impairment if your back does not get better.
Answer Applies to: South Carolina
Lacy Fields, Attorney at Law, LLC | Lacy Fields
They cannot fire you for filing a claim. They cannot fire you for hiring an attorney. Some people believe that as long as their employer is taking care of the medical care and lost wages, they do not need an attorney. I disagree, but that is beside the point. I think everyone agrees that, once the insurance company starts refusing to take care of you, it's time to get an attorney. Here's what else you need to know: 1) yes, they need to pay for your lost wages. 2) they must accommodate your restrictions unless it becomes clear that you are permanently disabled from the job. Obviously, if that happens they need to compensate you for that as well. 3) They get to pick your doctor. If you want a second opinion, feel free to go to your own doctor, but you have to pay for it yourself. 4) If you get an attorney they can get you to an expert for an evaluation. Usually the attorney fronts the cost of it and then the cost comes out of your settlement. 5) These are contingency cases; the attorney only gets paid if you win. So in that respect you have nothing to lose by at least consulting with an attorney. The attorney is awarded 25% of settlement by law. If someone tries to take more, they are in violation of the work comp statutes. Our firm handles a number of back cases.
Answer Applies to: Missouri
Ewusiak & Roberts, P.A. | Christopher J. Roberts
You should talk to a lawyer who focuses his practice on workers' compensation. Many advertise in the phone book or online. Most such lawyers will talk to you for free and can help you figure out your best course of action under the circumstances. Good luck.
Answer Applies to: Florida
Barry Rabovsky & Associates | Barry Rabovsky
You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answer Applies to: Illinois
Law Office of Mark J. Leonardo | Mark Leonardo
You asked twice if you have a case. If you were truly injured on the job, you have a case. If you dont have a workers compensation attorney, you need to get one. They are paid from proceeds recovered and their contingency rate is very low 15%, with the possibility of a little more if they do extraordinary work. The court approves their fees. There is no reason for you to hesitate to get a good attorney to do the work for you here and they can answer your questions in detail about getting better care or using your own insurance. .
Answer Applies to: California
A. Daniel Woska & Associates, P.C. | Dan Woska
It sounds as if you have already filed a workman's compensation claim and successfully obtained some coverage or damages. It sounds like you are possibly wanting to go and reopen your workman's comp claim because what was ordered for you has simply not helped. Can you call your original workman's comp lawyer and see if he can help after you explain everything to him? If not, consider hiring a new attorney familiar with workman's compensation and let that lawyer hear the entire story with all back up documents. "Direct threats require decisive action.
Answer Applies to: Oklahoma
LT Pepper Law | Luke T. Pepper
You have a worker's compensation case here. You need to sit down with a worker's compensation lawyer to discuss your options. It appears you are going to be out of work for some time and need to take precautions to make sure the employers accepts the injury and pays for medicals and for time out of work. Call our office for a consultation. We can help you. I hope you feel better very soon.
Answer Applies to: Pennsylvania
Allen Murphy Law | W. Riley Allen
Yes. A WC lawyer can help you get to a better doctor and get you better care. You have to fight to accomplish that. WC will not pay you the value of your true lost wages, so you at least need to try to get better quality care.
Answer Applies to: Florida