need advice

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jack barnes

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Joined
Aug 5, 2005
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371
Location
Springfield, Ma.
12 yrs ago I hurt my back at work, and since then it has been an on going problem. The clinic that work sends anyone injured to, has always said it was back shift or strain. 2 yrs ago my doctor sent me for a MRI and it came back showing a herniated disc. I went back to the clinic with the results and they sent me to a Orthopedic who wants to do injections or surgery
and sent me to a Neurosurgeon. My doctor advise against it because I have a heart condition that requires me to be on blood thinners and have a risk for stroke if I come off the thinners.
Now Workmans Comp is sending me for a independent evaluation, because they think it is caused by disk disease. One of the managers at work told me on the QT to get a attorney to just protect myself. For one because of my age and the company may want to let me go just so they want be liable anymore. I've never sued anyone in my life and don't intend to. What would you do? Take the advice or see where the cards fall?

Jack
 
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Get a good attorney, you don't have to sue anyone it is just to protect your rights. Remember, the IME doctors are working for the insurance company and your doctor is the one working for you.
 
My youngest son went throught surgery on disks in his neck every thing came ok and he went back to work. He also had an attorney to deal with Workmans Comp. Get an attorney who works with WC issues. Also get second and third opinions on you back. The WC Attorney will know some. You need to protect your self as you do have certain rights under the law. I can get very complicated it has taken over a year since the surgery to get every thing settled. He had to deal with AGI no fun.
 
My wife had a similar surgery. Fused two or three discs together in her neck with titanium and cadaver bone. She lost a tremendous amount of her range of motion and cannot work. Technology has come a long way just in the short 4 or 5 years it has been since her surgery. Now a days there are pro football players with fused discs.

I think you have been given the best advice you can. Get a lawyer, get second or third opinions, and have patience!

Good luck however you decide to pursue your options!
 
This is something I know well....

Mine is a L5, S1 herniated disc. The mass has built a 22mm long bulge inside the column that the nerve bundles are in. Feeling to my right leg comes and goes, my feet get that 'tingly feeling' if I walk around much, and the reflexes in both legs has been reduced. I've been waiting going on week number eight to get something done.....I go in on the 19th for a 'needless injection' that six ortho docs say will only provide pain and discomfort and could cause the mass to burst! Already have another appointment set up for 13 May to get scheduled for the laminectomy(sp?)

WorkersComp is not there to help you! This is an insurance company, and the bottom line says they need to make money!! They can't make money unless they can push people through their system with the minimal amount of care. If they are already trying to say the injury is a result of 'disk disease'....hire an attorney, do not wait...do it yesterday! Don't think of it as "sueing them", think of it as "protecting your bank account", these procedures cost a LOT.



Scott (good luck, get better quick) B
 
From an attorney that does not do WC - get an attorney that does WC.
My experience says that all of the prior posts are correct.

Doctor friends tell me re back surgery that 20% get better after surgery, 20% get worse after back surgery and the rest stay the same.

My friends who have had back surgery tell me that mostly the pain is more bearable, some of the time. They do, however, sleep better most of the time.

FWIW.

Lee
 
jack barnes said:
Take the advice or see where the cards fall?

Jack
Click to expand...

If you were looking at possibly losing $100, it wouldnt be that big of a deal. But we are talking about your income here. Would you rather regret spending the money on an attorney or regret NOT spending the money while being unemployed and unemployable?
 
thetalbott4 said:
If you were looking at possibly losing $100, it wouldnt be that big of a deal. But we are talking about your income here. Would you rather regret spending the money on an attorney or regret NOT spending the money while being unemployed and unemployable?
Click to expand...
In a workers comp case, the attorney only gets paid when the case is either settled or the comp payments go to PPD, until then they are waiting and you pay nothing out of pocket. They also get only 20% of the settlement or PPD payment.
 
I agree with the above posts. I highly recommend you get an attorney with WC experience. You need to protect your interests.

Good Luck!

John
 
Thanks everyone. I will find a good attorney and take a copy of all my medical records regarding this and let him deal with WC, and the company. Not looking to sue, want to make sure all my medical gets paid and not get let go from the company because of this.

Jack
 
jack barnes said:
Thanks everyone. I will find a good attorney and take a copy of all my medical records regarding this and let him deal with WC, and the company. Not looking to sue, want to make sure all my medical gets paid and not get let go from the company because of this.

Jack
Click to expand...

Jack,

I don't THINK your employer has a horse in this race.

Whether or not WC pays, the employer will pay the same rates for their policy, I believe. In Wisconsin, this is a regulated insurance and every time I renew, the insurance company bases my WC on the payroll and the "job class". Everyone in the state pays the same---if I am correctly informed.
 
My gosh. I would document everything, including dates, names, numbers and record them. Take it as far as you can and until you feel professional help is needed. I found that when I applied for disability, the attorneys wanted me to do all the work so all they had to do was represent me.. So I took their advice and represented myself and won.
 
I'll agree with the others... get an attorney that does WC.

Make sure you trust your docs... If you don't, find another doc. Back troubles can be tough, and at times, things can't be 'fixed'. I hope things go well for you.
 
Jack - lots of great advise -- really listen to Greden on the documentation -- it is imperative. I also did not want to sue anyone but sometimes you must do what is necessary to protect yourself and family (First surgery/injury I ended up with very little but my medical bills paid which was huge - lawyers got the larger % -- oh well). This is like paying insurance premiums from my perspective - you have payed into all these funds for years (employer on your behalf) and when you need it - do everything you can to utilize it when necessary. For me my employer lied (Second surgery), no use crying over spilled milk but if I had to do this over again, I would have hired lawyer to persue this on the second injury.

I have had two L4/5 surgeries and there are a few items of advise -- the one that stands out and one that everyone here can relate to is that the Orthopedic Doctors are the rough carpenters (Macro) (no offense to the Ortho's here)- the neurological folks are the trim carpenters (Micro). I always had the Orho's say cut and the neuro's say wait and try everything else first, then laser work - no knives (I know they all do not do this). For me, it was great both times. I am not 100% and probably will never be but I can stand up, walk and play with my kids with little to no pain - I most likely will not play football or hockey any more -- oh well, I am getting too old for that anyhow.

Good luck
 
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