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  1. #1
    Join Date
    Apr 2019
    Posts
    2

    Default At the End of My Rope

    My workers compensation claim was made in the State of: Illinois . I was injured in December of 2017 I run a brake press at work and I was loading some really heavy tooling all its slid and my back instantly started hurting and I had pain and numbness going down my left leg. I reported it immediately and the following morning as I was night shift worker iwent to the workcomp doctor . He took me off work and sent me to physical therapy which only made me hurt worse . Well after three times of requesting an MRI they finally approved it then they said that I had epidural spinal lipomatosis that was pinching off the nerves in my son's cord and that I needed surgery but it wasn't work related and discharged me. so I hired a lawyer that lawyer sent me to another doctor a specialist who did another MRI and a discogram and said that I have a torn disc at L5 S1 and the SEL and he wants to do a total disk replacement .well that was in November of 2018 and now my lawyer doesn't seem to be doing anything. My lawyer left the big name law firm that I had hired and convinced me that is I kept him as my lawyer he would pay this very hard for me as he was sorry he had " dropped the ball " ( his words ) in December of 2018 we had a pre-trial conference and the insurance company wanted me to do an ime my lawyer said that I needed to start receiving some temporary total disability as I hadn't received anything in over a year so they started making payments they fluctuated 2 weeks then 1 week then nothing for a few weeks then another single week payment but never the same amount finally they sent me to the doctor for the ime and after 3 minutes and 42 seconds the doctor was done didn't do anything really you took an x-ray and he said the disc looks fine . Unknown to him I recorded the entire appointment .well lo and behold they cancelled my payments after that ime Dr said I was good to go back to work with no restrictions. 8 page report full of lies that my recording clearly proves are lies as he claimed to do tests that he didn't do .. That was in January. Now it Is April and my lawyer keeps telling me you know we're going to go to trial we're going to win this he but in the meantime I'm in pain everyday my leg goes numb for days and weeks at a time . Well now back in July of 2018 my leg totally gave out on me and I fell ,well when I fell I injured my left shoulder to the point did the doctor say I need to have the joint replaced but I'm too young so they won't do that but the my lawyer is not even like interested in saying hey you know my client wouldn't have hurt his shoulder had we fixed his back and now I find out that the surgeon that my lawyer sent me to hasn't even done his deposition and isn't even scheduled to do a deposition until September that's 5 more months ,now that's 10 months from the time that he confirmed with with a discogram that I have a torn disc . However the surgeon says my lawyer is the reason things are dragging because the lawyer hasn't done what he's supposed to do. and I'm really starting to wonder if my attorney isn't working for the insurance company because he's not doing anything to get me better . I've almost lost my house multiple times utilities cut off . That's of repossession of my family car , and I had gotten married 4 months before I got hurt and have a 20 month old child . here's where it gets interesting I have gotten on State insurance and my primary care doctor sent me to a specialist in St Louis and they want to fix my back I'm hesitant I want to get fixed but is this going to jeopardize my claim I'm almost to the point where I don't even care as long as I can get fixed and go back to work but I've been warned that doing heavy metal fabrication will now than likely never again be something I can physically do again due to the back and shoulder injury. I'm only 47 years old I am at the end of my rope I just do not know what to do anymore I can't take care of my family and between the constant pain and depression that's taking over my life lately I just really need some guidance

  2. #2
    Join Date
    Oct 1971
    Posts
    5,008

    Default Re: At the End of My Rope

    BigMichael
    the surgeon says my lawyer is the reason things are dragging because the lawyer hasn't done what he's supposed to do.
    How would he know that, how long has he been practicing law?

    I have gotten on State insurance and my primary care doctor sent me to a specialist in St Louis and they want to fix my back I'm hesitant I want to get fixed but is this going to jeopardize my claim
    Your decision for treatment shouldn't be based on "what's good for your claim" If you're in the pain you claim, there wouldn't be a discussion other than how fast can we get the surgery scheduled.
    Refusing treatment to relieve or cure your condition could be another reason to deny your claim.
    If anything, having surgery would improve the value of your claim - Any surgery comes with a permanent disability rating.

    If you're getting "state insurance" you're also getting "state aid"
    If you win your claim, you'll have to repay all assistance you've received for the period the settlement covered plus the state will file for reimbursement for all medical paid that's associated with this work related injury.

    At this point, do what's needed to survive today, don't base decisions on whether you win or lose your claim.
    From what you've posted, I'd say you have a 50/50 shot at prevailing, be patient - Going crazy won't help your cause nor is it good for the planet, relax and let the dice roll.
    Maybe your ole lady can get a job until you recover, if not apply for everything to get by until there's a resolution to your claim.

    Tony
    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.

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