This a back injury that has left me with pain in my lower back everyday. I have been to specialist and they have come to the conculsion that there is nothing they can do. I need help to understand my rights. I have had to quit my job that I love because of this. I have even contacted a lawyer. I am waiting on the doctor to give me some sort of rating. What is my next step?
2006-06-07 04:28:53 · 6 answers · asked by Trina G 1 in Health ➔ Women's Health
I am very sorry to hear about your injury. I've been in the worker's compensation industry for 3 years, I used to work for State Compensation Insurance Fund and now I'm a Worker's Compensation Technician for a school district. It sounds like you have a permanent disability. I am not sure which state you are in, but each state has their own laws. Here in California, whenever a person is determined permanently disabled, they offer what used to be vocational rehabilitation. But California has gone through some changes, and now California uses a Return to Work program and all parties involed are bound by ADA (Americans with Disabilities Act) Therefore, an employer, upon notification that their employee is permanently restricted as far as job duties, should hold an ADA meeting to determine where they can place that person in their company to continue working and continue with out going out side any restriction.You of course have all rights to an attorney, make sure whatever insurance company is handling your claim has given you all information possible regarding their procedures and what is next for you. Keep in mind, upon obtaining an attorney you cut off any communication personally with others parties such as youre employer regarding the injury, any and all questions and information needs to be brought to the attention of the attorney before any action is taken. You also still have all rights to medical treatment, since you've been determined permanently disabled you may (depending on your states laws and systems) be offered future medical. That is an amount of money alloted to you even after the injury case has been closed and you are no longer treating with an occ. physician because since it is now permanent, you may and probably will require medical treatment in the future for a flare up, aggrivation, etc...(but remember, in order to get worker's comp. to cover an aggrevation of injury, it must have been aggrevated at work, not at home or at the mall, etc..) Also, upon being PD, the insurance company may offer you a C & R or Compromise and Release, this I suggest you discuss with your attorney on whether or not you would sign off for the amount of money they offer you in the C & R, it is basically an amount you agree to take to use for anything relalted to the injury (such as paying for vocational school to get new job skills since you cannot perform your current ones) But there are many things about C & R you may want to know about first before signing off on it because once the amount is used up, thats it and or there is usually a limited number of years on it, usually within 5 years, the stipulation for it is up. Well I hope that helped a little, the worker's compensation industry is rapidly changing, so do not take my information as all fact, you may be in a different state bound by different laws and with the attorney, let he/she be the one to handle the rest along with the insurance company handling your claim. Good luck in the future!
2006-06-07 05:27:01 · answer #1 · answered by maldmb03 3 · 1⤊ 0⤋
I would seem to me that if you are disabled with this injury that you would have cause to file a suit. Can you prove that this was job related? I would contact a lawyer as well to find out my rights and what I can do next. Certainly a second opinion about the injury is good and will probably be recommended by your lawyer.
2006-06-07 04:34:50 · answer #2 · answered by FloNightingGale 4 · 0⤊ 0⤋
well each state is different on their workers comp laws....if you were hurt on the job did you seek medical attention right away?Did you miss any days from the injury???If so then this is considered a recordable injury in the eyes of workers comp...did work offer you light duty??These are all things the lawyer will need to know...also check with your state....some states will allow you to go to whatever doc you want..not what the employers want(their docs)...you can always say you want a second medical opinion and go from there..........
2006-06-07 04:36:32 · answer #3 · answered by minx64 4 · 0⤊ 0⤋
I was a CNA for YEARS! I had a lifting accident and could hardly get out of bed! I went to a well known chiropractor with a good reputation that put me back together good as new. I went to my doctor too and she just wanted to give me pain meds. Chiropractics is controversial, however, if you hear good reports about one I would say to go see him. Word of warning though, it may hurt for a little while after seeing one, he has to contort your spine and your muscles wont be used to it, thus making them sore, so follow his instruction and continue treatment, but be sure to tell him any and all symptoms.
2006-06-07 04:35:17 · answer #4 · answered by Nursen' 4 · 0⤊ 0⤋
Goto Local Workers Compensation office. They should be able in assiting in getting treatments xrays etc and if you meet disability you might even get compensation from the time you actually got injured to the present.
2006-06-07 05:21:53 · answer #5 · answered by rea4154 4 · 0⤊ 0⤋
if u had to quit ur job find a new job that makes it easier to move without the pain
2006-06-07 04:31:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋