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  1. #1
    Join Date
    Apr 2012
    Posts
    11

    Default Post-Concussion Problems and Workers Compensation

    Hello,

    I am new to this board and just need some general advice. I was in a MVA at work in which me and my co-worker were hit by another driver and I hit my head very hard on the window. I was never checked for a concussion at the ER after the accident, and I attempted to go back to work a few days later. Between the migraines and cognitive problems I was having, I quickly realized that I needed to get some help and that I could no longer perform the functions of my very demanding job. I called the WC adjuster and they made an appt. for me at an urgent care facility and I saw a general doctor there that diagnosed me with a concussion and some contusions. They referred me to a neurologist. The nuero sent me for an MRI and CT scan which came back normal. I am still having post concussion symptoms and he prescribed me some anti-anxiety meds and wrote a prescription for me to have a nuero-psych evaluation which may result in cognitive therapy. He said that my symptoms can persist for months. All I can say about symptoms of PCS is that I would much rather prefer a broken bone or stitches than being in a constant mental fog and state of confusion with headaches and emotional outbursts.

    I have secured a WC atty already because I am very vulnerable due to my condition and I do not want to be taken advantage of, but now i am starting to wonder who is taking advantage. I was warned by everyone about WC but so far WC has not given me any problems with appts, and I have started to receive a bi-weekly benefit check. Not sure if they are going to cover the nuero-psych evaluation but the appt is booked nonetheless. I had asked my atty to follow-up and provide me with an answer as to when I would be getting a check since my bills had started adding up, and he said he would, but he never got back to me and I had to end up calling the IC to find out when I would get my first check. He told me not to talk to them but I had no choice. When I called him last, I spoke with a secretary who told me he filed a "claim petition??" which I don't even know what that is about. Also, since the accident was the fault of the driver who hit me, how will this be pursued with WC and my atty? Is that why they are not giving me a problem yet because they will recoup all of their costs? I have already been contacted by a recovery specialist from the IC who asked me if I plan to file a suit and I told her to call my lawyer. The biggest thing for me is what to expect in terms of treatment with a post-concussion case? I may "look great" but my life has literally turned upside down because of this accident. Thanks for any advice

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Post-Concussion Problems and WC

    if you don't trust your own ability to make judgments and decisions on your claim you can have a legal guardian appointed by the comp court.
    you may have to find a different atty to handle you civil suit against the other driver.
    your best source of information on your condition would be medical site and your doctors.
    you can try webmd.
    there are many on line.

  3. #3
    Join Date
    Apr 2012
    Posts
    11

    Default Re: Post-Concussion Problems and WC

    Thank you for replying. I think that is what is confusing me too, I never started this with a workers comp atty. I was dealing with a personal injury atty and when he found out this happened while I was working, he handed the case over to the workers comp atty at their practice. I didn't think I would need a workers comp atty...and I really haven't needed one this far since they seem to be doing what they are meant to do. I'm just wondering too if I retained an atty prematurely...I just wanted to make sure that I didn't get taken advantage of while I am trying to recover.

  4. #4
    Join Date
    May 2010
    Posts
    352

    Default Re: Post-Concussion Problems and WC

    Quote Quoting Joy6 View Post
    Thank you for replying. I think that is what is confusing me too, I never started this with a workers comp atty. I was dealing with a personal injury atty and when he found out this happened while I was working, he handed the case over to the workers comp atty at their practice. I didn't think I would need a workers comp atty...and I really haven't needed one this far since they seem to be doing what they are meant to do. I'm just wondering too if I retained an atty prematurely...I just wanted to make sure that I didn't get taken advantage of while I am trying to recover.
    I have both a WC, and a thierd party attorny from the same company....there advice allways pulls most weight with me please take care of your self and situation!!!!

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,030

    Default Re: Post-Concussion Problems and WC

    If you were two weeks post-accident and you did not yet have a check nor an appropriate medical visit, then you did not lawyer up too soon. Having both a PI lawyer and a comp lawyer is a good idea as those two types of law are completely different. Work comp moves slowly so be patient. The comp carrier should pay for the neuro-psych eval. Concentrate on getting well and let your lawyers handle stuff. Stay in touch with them about every week or two.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  6. #6
    Join Date
    Apr 2012
    Posts
    11

    Default Re: Post-Concussion Problems and WC

    Thank you for your advice. It feels good to get some validation through all this craziness. Now WC denied one of my meds, Zoloft, which helps me with anxiety. I don't understand why they won't allow the meds that can potentially help me get to a better place. I told my lawyer and he was upset and will follow-up.

  7. #7
    Join Date
    Jul 2010
    Posts
    150

    Default Re: Post-Concussion Problems and WC

    I also have a WC lawyer and a 3d party lawyer also out of the same office with three different claims and I agree you have to trust your lawyer and be careful with who you talk to. If your unlucky enough to be stuck in this for long you will be amazed how little details travel around and can make a huge difference in your case and your future. Good luck.

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