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  1. #1
    Join Date
    Mar 2010

    Default Seatled Workman Comp Claim Rights

    I was injured at work and workman comp took over but at the time I had no idea what info was available to me. I hurt my back and had to have back surgery on my L4. When I went to the doctor that my company offered and does use for any injury he had told me that my L4 and L5 were bad but only the L4 was bad enough to work on but the other could come out at anytime. He sent me through a month of physical therapy and to be checked up on after this was done. I stopped physical therapy because it was hurting me worse than when I had started.

    The doctor then gave me options some injections which only was a temp fix and surgery which would be better for long term. I picked surgery cause I didnít want the pain any longer. My employer had told me at onetime if I were to get a lawyer that I would be fired because it would be like I was trying to take or get money from the company and they would not stand for that. Me being the DUMB employee I was didn't think anymore about it. I had my surgery and the doc offered physical therapy again and I turned it down due to my first experience with it.

    I was out of work for 3 weeks and they did pay me a sum of 269 and some change a week. The doctor wanted me to go back to work just after 2 weeks but had to beg for another week cause I did not feel as I was good enough to return to work. On the 3rd week I returned with a restriction of no lifting over 20 pounds. Another month went by and he released me and put me back on full duty. Seemed a little short to me but what do I know I am just an employee.
    A few more weeks go by and they want to settle with me and I did so. The employer told me I that workman comp would cover anything that happened to me for the next 2 years. It has been 6 months now and I started having problems again.

    I told my employer and they set me up with there doctor once again. A day before I had the appointment my back was in such pain I had to go to the ER. The nurse asked me if I had insurance and I told her it was a workman comp claim. when I got seen by the ER doctor on duty he only checked my vitals and said that the doctor my employers had for me would have to check me gave me pain meds and sent me on my painful way. The next day I have my visit and he x-rayed me and said everything is fine.

    I was not convinced everything was ok so I asked the man that was over my claim if I could get a 2nd opinion and said that since I already had a primary doctor that we have gave u that I was not entitled to a 2nd opinion. Also the day before my doctor visit I had been doing some heavy lifting at work that probably would have caused the pain I was having. my question to you is what are my rights and would this not have been another case since I re hurt it at work?

    Sorry this is so long but I want u to know everything that has went on.

    thanks a DUMB employee

  2. #2
    Join Date
    Feb 2007
    831 East Morehead St., Ste 355, Charlotte, NC 28202

    Default Re: Seatled Workman Comp Claim Rights

    Sounds like a possible "change of condition" under NCGS 97-47. You should consult with the best work comp lawyer in your area as some paperwork probably needs to be filed to protect your rights. If you don't know how to find one, send me a PM with your location and I can steer you in a good direction.
    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 and Board Certified Specialist in NC Workers' Compensation Law

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