How can workers comp insurance agents get away with getting the proper medical treatment for head/neck injury?

Question

I was injured on 1/2/05 @ work with a 50lb box of meat fell on my head and neck. She has denied me all the proper medical treatment and sent me to just occupational health. They are not the proper people to treat some one already with 2 prior neck surgerys. She has denied me neurosurgeons of the head/neck along with the nerve injury hat one main neurosurgeon said I had of occipital neuralgia. I need to get some answer as to what can be done to people like her when this is gonna be pain for the rest of my life with spinal stenosis, krytosis, degenerative bone disease and constant pain to the back of my head. If you can help please do.

Answer 1

get a lawyer

Answer 2

In theory they cant but here is help
Pain can be referred from places other than the head. This deals with headaches but the principle works for all kinds of pain.
Muscles get knots called trigger points. These make the muscles tight causing them to press on nerves and other thing.
#1 The first thing is to take a couple swigs of molasses or eat a couple of bananas. They contain magnisium and potassium both of which muscles need.
#2 WATER she should be drinking 1/2 gallon minimum. The head of neurology at UCDavis likens a body running low on water to a car running low on oil (the engine can seize).
Get a good (deep tissue) massage (to loosen the trigger points) on the back, shoulders and neck. Make sure to press up at the base of the skull where it meets the spine.
You rub or lightly scratch everywhere on your head. You will hit spots that are tender these are trigger points. The idea is to rub across them 6-12 times per session up to six times per day until they go away.
For more information on trigger points read The Trigger Point Therapy Workbook by Davies.

Answer 3

If you were injured on the job, you would have been sent to a doctor for an assessment of your injuries. If I understand you, you had two neck surgeries prior to getting injured with the box of meat? Correct? Were either of these injuries job related? Is the insurance company trying to say that you had a prior injury being irriatated by the current injury? Are you saying that you feel you need medical attention or are you attempting a cash settlement? The employer is required by law to follow the rules established by their state's labor and industry laws,there are certain steps that must be followed along the way. It sounds to me like you need an attorney to help you understand your rights and responsiblilities, you can get an attorney that will accept payment only if they win the case for you. They generally receive 33% of the award. I had to go this way on my second job injury, the first I was denied help or assistance and I didn't have a lawyer on that one either. They were going to deny me benefits on the second one stating it was preexisting condition,the condition they denied me on before. My attorney brought that scenario to their attention, they promptly paid up. He told them if they didn't, we would file for the first injury also, I accepted settlement, received vocational rehabilitation because I could not go back to that kind of job, physically, and an award for permanent partial disability. 15yrs later, I am now fully disabled,and it's related to the injuries I had back then. You have to take care of yourself, they aren't going to.

Answer 4

I agree, get an attorney. Depending on your state, your attorney can not ask for money in advance and can't get any money other than actual costs until your case is over. If you don't win, they don't get paid besides costs and their max. payment should be (but I don't know)only 20% of your money at most.

In return, they will fight to get you paid by worker's comp, fight to get your bills and prescriptions paid, and fight to get you a settlement once you are done treating. You should be allowed to treat with whatever dr. will accept your comp insurer/insurance. A good attorney will give you at least 6 mo. to treat before seeing about a final hearing to ask for money for your injury, but should also wait until you are DONE treating.

Prior injuries will be taken into account at the final hearing but your attorney should request an independent medical evaluation to proportion out your current injury from your past injuries.

Any time you have a subsequent injury (newer injury), that accident takes precedence over anything else that has happened.

Good luck to you and feel better.

Answer 5

Get a Lawyer and you will get the care you need. Sounds like your "caregiver" is a bean counter and not allowing you access to the care you need because they feel the need to control the access to only those with "real insurance". Get a lawyer and start suing you should also be compensated by the company that allowed this to happen if this is the 3rd such incident they have done nothing to prevent this tragedy and need to pay the price.

Answer 6

get a lawyer that specializes in workman's comp. Their fee is added onto the settlement. A lot depends on the state you live in also. The laws differ from state to state. But, I'm pretty certain that when your lawyer gets a hold of her, she'll change her tune and fast. This is what you must do to protect what is coming to you. If your claim is legit, then you are entitled to compensation.