Return of Back Pain After Surgery, Return to Work

**captainelectric** · 03-27-2012, 03:48 PM

I was paid mmi rating and went back to work nov last year. now im bed ridden with severe back pain and leg symptoms and cant walk. what will workers comp do now if i cant work and need a fusion? will i get any payment if i cant work? I was starting a new job this week. im screwed. i didnt hurt my back. its been sore all along and now just went out. i didnt sign a settlment but got a mmi check. now what?

**tony** · 03-27-2012, 03:52 PM

File a second injury claim.
You need to talk to a lawyer to weigh the best options.

Tony

**maxcrucial** · 03-27-2012, 07:07 PM

hi
i have same thing going on with me. my lawyer told me since im mmi i cant get tt payments because i have reached the plateau in my condition. (ohio) you can try for wage loss which is where you get payed difference from what you were making before you got hurt and what your making now . they also have a wage loss where you can get money if you cant find a job at all. but they made it so hard that its impossible to get the one where you cant find a job under it.they want you out knocking on door just like a 40 hour job. like i said my back went out after i worked for a while but i was working in pain also. and it was where i was standing for 3 hours and thought my head was going to blow through the roof due to pain. so now you might wonder what i figured out............food stamps unable to work. for you i think i would take that new job work until it kills you and go to the er start a new case....make sure you get it listed under workers comp at er peace!

**complwyr** · 03-28-2012, 07:13 AM

Captain, IF you accepted the rating money agreement after you returned to work, and if you are within two years of the last payment of that rating money, then you need to file for a "change of condition." You do that by filing a Form 18 or Form 33 with the NCIC that clearly states you are filing for a "change of condition."

If you want to see how it works, go to the NCIC web site and look up a decision of mine, Eudy v. Michelin Aircraft Tire.

If you had a lawyer on your case call him immediately to get him working on this. You have a two year deadline to file the paperwork properly.

**captainelectric** · 03-29-2012, 09:15 PM

Do I need a lawyer now? Ive been in bed now for a week (no injury, never healed from surgery) and WC says I can go to urgent care but I have to pay for my prescriptions temporarily and I can go back to surgeon for a apt in two weeks. If the surgery has failed (It has, Its been "about" a year and leg pain has returned now in both legs, cant even sit or walk, and now will require a fusion to fix) I was never better and surgeon said I would have to live with some discomfort. If I have to be out of work and have another surgery will I be paid while I'm out of work? I was starting a new job this week and I have the signed agreement contract on wages and acceptance of the job. They will immediately let me go when I tell them this. Now I'm unemployed and injured severely again. Can you help me? what should I do to look out for my family? I don't want to lose everything I have at 44years of age. I tried to go back to work, I tried to be positive, Ive done nothing harder than cut grass and my job and I have a major failure. Is there anything for a situation like this? I may be wrose off or have bigger surgery. What then? Now I'm disabled. I am a maint electrician, I work hard. I didn't re injure, it just failed. The surgery failed. I need a MRI but I'm sure that will take months and how will I support my family?

---------- Post added at 01:15 AM ---------- Previous post was at 12:58 AM ----------

I guess the bottom line is "if my surgery was and is a failure" what are my options/possibilities for medical care and wages or disability payments of some sort? All I have for now is a signed contract where I just accepted a "new" job and back went out a week before I started. I obviously had no idea this was lurking around the corner

Is there something out there for a failed surgery and case re-opening under certain situations? A MRI will tell the tale. I know what my body is telling me

**complwyr** · 04-03-2012, 06:41 PM

YES. You have a remedy in the work comp law.

You have had a "change of condition." You need to file the paperwork with the NC Industrial Commission in order to protect your rights. You will probably need a lawyer, but you may not. You won't know until you file the change of condition paperwork properly and they respond.

When you have had a "change of condition" under the law, and the proper paperwork is filed, then you are entitled to medical coverage and wage loss payments. But nothing happens until the right paperwork gets filed.

If you are not sure how to do it get in touch with me and I will explain further.