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  1. #1
    Join Date
    Aug 2012

    Default How Long Does the Workers Comp Process Take

    I injured my back at work in early June. Didn't file an incident report until mid July because I wasn't for sure if it was pre existing or not. Turns out I may need surgery. And it isn't related to previous issues. I am still on FMLA right now. All that has been accomplished is a few conversations with the WC nurse from my job. I have had copies of my records from the 3 doctors I saw before filing the incident report sent to her. She mentioned that I will have a causation appointment, but has yet to let me know any more. She also said that "a claim has been started." I have never had to deal with anything like this. I am unable to stand for more than 30 minutes at a time still. The meds the doc gave me aren't helping and I am just at my wits end. I want this fixed as soon as possible. I may never be able to return to my previous job and everything is so up in the air right now. How long do these things usually take. What happens when my FMLA runs out in September if things aren't figured out by then?

  2. #2
    Join Date
    Oct 1971

    Default Re: How Long Does the Process Take

    I may never be able to return to my previous job and everything is so up in the air right now. How long do these things usually take.
    What "things" are you talking?
    Nothing happens quick in this game, getting medical and wage loss could take 6 months to a year.
    To finally settle could take 5 years or longer, maybe never.

    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    May 2010

    Default Re: How Long Does the Process Take

    You said the WC nurse said the claim has been started, and since their is a nurse assigned I am going to assume the claim is not being denied? THere is no such consideration for previous injury, you were hired as is, meaning if you hurt your back at work, then it is a new injury period. If you need surgery, you are looking at at least 1 year after surgery before you can truly expect to reach MMI (maximum medical improvement) a state where medical treatment can not do, or be expected to do anything to improve your condition in the next 12 months. If the pain medicine you are taking is not working, call the doctor and tell him. Depending on your injury, slipped disk, herniated, etc, you might need to have spinal epaderrials (sp) to releave pain, they didn't do anything for me. If PT and time does not improve your condition then they will send you to surgery, obviously that is down the road, but a good doctor should be able to prescribe something to control the pain to a manageable state, unforunately that may mean knocked out drugged up and sleeping non stop but if it is better than the pain go for it. I did it for 4 months before surgery and several after. I would image if you claim is being denied and you have hired an attorney (which if you are going to have surgery on your back get one it will pay for itself in the long run) then he should be able to get a hearing on the claim within 4 months max. They may wait to last day before going to court and then accept your claim, they like doing stuff like that. The first think you need to focus on is recovery, and getting better, then worry about the rest, if you have an attorney they will take care of all that. As each State has different laws, and ever injury claim is different, there really isn't much more to tell you, WC is not a fast process nor is recovery and pain.Get an attorney right away if you are not receiving benefits, ttd payments etc. If they are denying the claim you might go a while without any income so the sooner you have someone fighting for you that knows the system the better off you will be, and do not settle with the IC until you have been advised for free by an attorney. You might be near homeless and they offer you $25,000, but believe me anything they offer is not enough to ever cover what you will need to have for future medical, wages or anything. At this point, before surgery has been decided it is way to early to even considerate. Good Luck
    Last edited by ladyvol; 08-02-2012 at 11:44 PM.

  4. #4
    Join Date
    Aug 2012

    Default Re: How Long Does the Process Take

    Thank you for your input. My biggest concern is knowing what is going to happen. I'm not sure if the claim has been accepted or denied yet. Again thank you for your input...

    - - - Updated - - -

    Just as an update... I have been referred to an orthopedic surgeon per WC. The doc will decide if the claim is accepted ie health related or work related. Just knowing whether it has been accepted or not will be a huge burden lifted off my shoulders. I'm so use to having my ducks in a row and knowing what will happen next. This makes me feel completely out of control. I'm going to stay positive and try to head out on the road to recovery...

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