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  1. #1
    jennie Guest

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    I was injuried at work and sought an attorney when my employers insurance refused to allow me to have treatment for a lower back injury. (needed a radiofrequency)
    In the miste of arguing my case i was pile driven into the pavement on my neck by a client. It took 13 months to get the surgery i required. (cervical fusion 5-7) I was able to return to work 6 months later ( not my original job as i was fired) I was only able to work for a few months because symptoms returned. After much physical therapy and numerous tests, It has been determined that i will need further fusion on my neck (c4-5). I will be fused 4-7 and will lose a tremedous amount of cervical range of motion. There is no guarantee that cevical stress will not cause further problems. Once again workmans comp is giving me the run around. They have mri's and a dozen other tests which clearly show what the problem is. It has been nearly 5 months since i have been off work. I have received 0$ in ttd and of course am bankrupt. I would like to know how the workmans compensation insurance companies get away with this. I was taken off work by 3 different drs. Tomorrow i will be seeing their Dr who i have already seen on 2 other occasions. This Dr has already stated that stress to the other cervical vertibrae was likely and would cause problems before i even had the first surgery. Well it did and i have been waiting for 5 months in pain. I have an attorney but even he says these things take time. Well how much time is too much time, i have been miserable for months. I do not want to be drugged up I want to be fixed. With the first injury to the lower back and this neck injury i am unable to do much of anything. Walking, standing or sitting have to be limited or i'll wind up flat on my back. I cannot do household chores or drive or work in the garden. I do not have much of a life. I did file for social security disability which will probably be denied because i just need to be fixed and i should not be totally disabled (although i have been diagnoised with degenerative disk disease). Is'nt there anything that i can do to speed up these people. I live in illinois and it appears to me that the abitrators don't really give a hoot either. Maybe i'm just upset at the whole system. I don't feel like i have any rights at all. Do i have any? The workers compensation insurance company has tried to settle with me on several occasions for 37.5% of my back and neck as a whole. Of course my lawyer broke off all negotiations with them and is fighting to get me the treatment that i require. What if i require lifelong medical treatment do they cover that? I have lost 2 years of wages(they did pay w/c when i had the 1st surgery) I understand that body parts are only worth a certain % but when you can't use your back or neck, you lose a very large % of your body. I will never be able to do the work i did for 15 yrs as i am on a permenent 5 lb lifting restriction and the Drs have said it would be detrimental to be violently hurt again (i worked with developemently disabled adults) What kind of settlement should i be looking for ? Please advise.

  2. #2
    Join Date
    Aug 1972
    Posts
    10

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    Question - Why isn't your attorney filing for you to get benefits? If doctors have pulled you from work then you shouold be entitled to TTD.

  3. #3
    jennie Guest

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    My attorney has applied for ttd--w/c is arguing that the neck issues could be coming from the the employment i had for 3 months. (after the 1st surgery). It is quite clear that the problems with C4-5 were there from the beginning as both my Dr and the w/c Dr addressed it during their evaluations. Both Drs agreed that a 3 level fusion would leave me with limited range of motion and basically picked the 2 levels that were the worst at the time. The w/c dr further stated that problems could occur at the level above the fusion do to the stress on that vertabrae. Which is what happened. The w/c insurance has been making us prove that it did not come from the other employment. Meanwhile i have no income and the burden of proof is on me. I don't understand how they can stall like that. I did go again (the 3rd visit) to the w/c dr today. He stated that he warned the insurance company that problems could arise at the level above the fusion and has said that surgery would be a viable option. I am assuming that will prove that the problem is from the initial injury and not the 2nd employment. So hopefully they cannot stall anymore and will have to pay ttd and allow me to have the surgery. Last time it took 13 months for them to concede to surgery, i am praying it does not take that long this time.

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