When is It Time to Seek Leagal Representation

[Arkie]

-First...some background info. I was working in a nursing home. They refused to schedule adequate help to care for residents, I hurt my back trying to help someone that requires two person assistance. I was seen in the local ER with a WC claim. The ER told me it was back spasms and sent me on my way. I once again asked my employer for more help on my shift, which they refused. They told me I should just let people fall rather than risking my own health. I gave them my two weeks notice at that point. Since then the Nursing home has been sold to another company.
-November was when the original injury was treated. Starting in January I began getting worse. My doctor set me up for an MRI which showed that I have a bulging disc due to the first injury. He won't treat me, he is supposedly working on a referral to a pain clinic. I started going to a chiropractor. One way or another I need this problem with my back resolved because I can't function due to the pain.
-I began making calls trying to figure out how to receive treatment that is covered by WC. I went to my former Employer who gave me a number for the old owners. They gave me a number for the insurance company. Bancorp Insurance...they told me that they would not under any circumstances cover chiropractic and that I could only be treated at the local ER. I went to the ER...they told me I could be treated under WC unless I had paperwork from the employer. I went back to the employer...they said they could not help me because they have new owners now. I received a phone number for someone who could help. Surprise....start cycle again with the same players.
-I'm not sure at what point I should contact legal help, but I need treatment. I had to quit my job because of the injury, so I have no income. I will pay out of pocket( a dollar at a time if needed), but it seems to me it should be payed for by WC. I am getting desperate here. Sorry this is so long, but any suggestions?

---------- Post added at 09:52 AM ---------- Previous post was at 09:47 AM ----------

I meant Legal representation. Stress is making my fingers clumsy :-)

[tony]

When is It Time to Seek Leagal Representation

If you have an injury lasting longer than a year, if they refuse treatment or payments or when they assign a case manager.

Tony

[BvIA]

Basic info on WC in Arkansas is here http://www.awcc.state.ar.us/employeebasicfacts.html
The statutes are here, http://www.lexisnexis.com/hottopics/arcode/Default.asp, but pretty complex.

When you are delayed/denied benefits, or ask "when should I seek legal assistance?"... that's the time. So, now wouldn't be too soon.

I went to the ER...they told me I could be treated under WC unless I had paperwork from the employer.

There is really no reason you couldn't provide the name of your employER, the name of the carrier, and contact info. The hospital admitting dept could contact, and ask for fax of documents, and authorization to treat. Even if you had a form in hand, they would go the same thing...they need authorization to treat, in writing from the CA/Claims Adjuster. No reason for this run around

My doctor set me up for an MRI which showed that I have a bulging disc due to the first injury. He won't treat me, he is supposedly working on a referral to a pain clinic. I started going to a chiropractor. One way or another I need this problem with my back resolved because I can't function due to the pain.

Bancorp Insurance...they told me that they would not under any circumstances cover chiropractic and that I could only be treated at the local ER.

You would have to have a treating physician to refer to chiro, not likely you would be reimbursed for self procured treatment, as the carrier has the right to send you to a Dr of their choice.
When you say "my Dr...", if that wasn't a Dr selected by the CA, he may not be paid either.
However, this Dr should have given you are reason for refusing to treat... pain management is generally the treatment of last resort, after any/all other options have been attempted.

but it seems to me it should be payed for by WC. I am getting desperate here. Sorry this is so long, but any suggestions?

Talk to a few attorneys... no fee for consult. You are likely to be filing for a hearing in WC court to resolve the disputed matters here.