Am I entitled to Workers' Compensation?

Question

I herniated 2 discs in my back last August at work. I had surgery on 1 of the discs. Work Comp payed for everything and payed me while I was home. I went back to work, but with a permanent weight restriction and my back never felt great again. A few weeks ago I bent down to grab a cable at home and felt a pop, and have been in a lot of pain since. An MRI revealed that the other disc (which was not operated on) is worse now than before. Work comp is denying responsibility and won't pay for anything because I hurt myself at home. Thay say I have a bad back and it's not their problem. I say I wouldn't have a bad back if I never hurt it at work in the first place. I called a few lawyers and got mixed reactions. Anyone have a similar experiance? Any idea whether I have a case against work comp?

Answer 1

I have dealt with workers comp issues for many years. You could try for a % of disability. As to your injury now, I know for a fact that I could beat it. You were hurt at home and I would have all the medical from the first injury. If they are denying it, they have good reason. They have all the medical from your 1st injury and as long as there is no evidence that you were hurt in that disc, you will lose. You can appeal the finding and find a workers comp lawyer to take the case. They usually work on a % basis. Being that you were hurt at home really hurts your credibility on this and the company you work for will not want the hit on their experience rating, as their rates will increase. It does not cost you anything to try and fight, so I wwould roll the dice and see what happens. Good luck to you.

Answer 2

What you do is get the doctor that originally did your back to state what your injuries were back then due to the original back injury, and that only one of the disc's were operated on.

But your legal problem is that by accepting any sort of compensation, you have basically allowed your employer to "wash their hands" of any future injury that may result due to the first injury.

Get your doctor to write the info up, and then see a lawyer that specializes in worker's comp law.

Answer 3

OKAY - what you need to do is find a lawyer who specializes in workmans comp claims and lawsuits. Ask that lawyer, and if they want to take up the gauntlet, expect to have them take half of what they get for you. You always have a workmans comp claim if it is ongoing to a previous claim, even if you signed a release. You just have to fight long enough and hard enough. You will win. Your lawyer (who specializes in workmans comp claims, remember?) will get all the records from your doctors, the hospitals and will demand whatever workmans comp has as well. Good luck.

Answer 4

You file a workers comp claim through your supervisor -- most likely. It is your company that tells you what you need to do -- it count "against" their insurance so it is technically "their" claim. Back injury claims are tricky. They are easy to fake and such claims are an enormous part of insurance fraud. How much and what you can get will most likely be limited to medical costs.

Answer 5

You could possibly have a case, but it would almost certainly end in a court trial to decide if your injury at work ultimately caused your current injury. The insurance company will most definitely fight this.

Answer 6

Good Luck suing Workers Compensation. Find lawyer that will take case on percentage basis and try your luck.

Answer 7

I wouldn't take the first "no " for an answer. You can always appeal, but back claims are always difficult.
Your latest injury did happen at home, and I don't foresee WC reversing their position, but don't roll over and play dead.