First off I would like to say this website rocks! I never knew that one existed.
I was injured on 05/07/2003. I was taken to the hospital. 2 days later, I found another problem with my arm. My employer did not want to listen. I saw my personal physician. She wrote me a light duty note. It was totally ignored by my employer, so I just worked the best I could. I received a call (at work) from the company's w/c insurance. I begged to see a doctor, because I was in pain. I was told that my request could not be granted until an investigation was completed. I was fired (for a legal reason) on 06/02/2003.
After I was fired, I continued to request to see a w/c doctor. I finally just e-mailed my w/c claims lady and flat out asked her what she was needing to complete her investigation. She finally told me, I faxed it to her, and I was able to see a w/c surgeon in August of 2003. The surgeon agrred that my injury occurred on the job. Surgery was done on 08/28/2003. I was released to full duty on 10/16/2003. I was still in pain, so I visited the surgeon 3 more times. Each time he said he couldn't see anything wrong, but for mr to come back if I had any problems. Whatever!! I tried to work somewhere else. I was there for only 2 weeks, when my arm gave out on me. I went back to the w/c surgeon, who told me the same thing he did the other times. The last time I saw him was in April of 2004.
I have been working on getting a second opinion. That is another story in itself. I won't get into that right now. My question is this. If I get a surgeon who is known (nation wide) for his/her knowledge of my injury, to say that I am not 100% healed and that the only way to fix it is with surgery, can I get back pay from the time my w/c pay ended on 10/16/2003 to the time of my surgery?
Also, can I get pay from the time I was fired to the time I was allowed to see a w/c surgeon, who said my injury did happen at work?
This is a lot I know, but my lawyer seems to be dodging these questions. Any help would be greatly appreciated.