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  1. #1
    gasned Guest

    Default Can Workmans Comp Be Sued

    I had a back injury , a herniated disc that caused numbness and weakness in my leg and foot. I had surgery and I still have this problem. The pain is much better but still have the numbness and weakness. I asked the doc at my last visit if the surgery could have been done sooner would it have helped and he said it possibly could have. It took WC 2 months to get my claim going. 2 months after my doc said I need surgery as soon as possible because of the size of the herniation.
    It makes me mad that I had to wait so long especially if it could have helped to have it sooner , is there anything I can do except be <FONT COLOR="ff0000">••••••</FONT> off

  2. #2
    knowknees Guest


    You will find this difficult if not almost impossible. Medical Malpractice would be your other option. Finding an Attorney and proving negligence is next to impossible, but possible. Consider the expense and possible unfavorable outcome...Greg

  3. #3
    anon2600 Guest


    You are already involved in a &#34;law suit&#34; merely by having a claim for WC benefits where a &#39;board&#39; or other eitity has jurisdiction over your case.

    2 months is no time at all to wait for approval for surgery, generally it would take at least that long to get a second opinion on the medical necessity of the surgery.
    There is no &#39;mal practice&#39; involved just because they didn&#39;t act as soon as you would have liked, or because you doctor said &#34;maybe&#34;...

    &#34; is there anything I can do except be

  4. #4
    dennison Guest


    Please visit the website
    Do what I am doing and sue the claims adjuster.
    I tried all the other avenues, this works much better.

  5. #5
    Join Date
    Feb 2008
    California, Central Coast

    Default Re: Can Workmans Comp Be Sued

    How is that working and are you in California. I am covered by Liberty Mutual. I have settled my claim but kept future medical benefits and now I am being stalled on everything. The last year and a half they either do not answer (i.e. do not deny or approve) anything or they send to Util. Rev. with no supporting docs so I get denials based on no info. My adjustor says it is not her job to forward my information to the UR that it is my docs job to have all relevant info (i.e. my file) attached to a request.

  6. #6
    Join Date
    Nov 2007

    Default Re: Can Workmans Comp Be Sued

    im sorry that things have gone bad for like you got off lucky by only having to wait 2 months. i was referred to a surgeon 9 months ago...and i FINALLY get to see him next week. so ive been all this time WITHOUT a dr at all!! so please...consider yourself lucky.

  7. #7
    Join Date
    May 2007

    Default Re: Can Workmans Comp Be Sued

    I don't believe you have a malpractice suit because the backbone of a malpractice suit is that you HAVE to be able to prove that there was a breach in the "standard of care". Most physician's will try other non-invasive approaches, such as physical therapy,before they approach surgery as there are many problems that can arise from the surgery itself. Therefore, 2 months is probably not a deviation in the "standard of care".

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