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  1. #1
    Join Date
    Jun 2021
    Posts
    8

    Default Canít Get Any Answers , Iím Scared and Hurting

    I was injured on the job in Chicago June of 2019 working on a motion picture , my home and pay was through California ( local 729 IATSE )
    By the time I was approved for Any Physical Therapy in Chicago I had returned back to California.
    After returning to California I did physical therapy and I had two discs replaced at cervical C5-6
    And C6-7 levels , surgery on May 2020
    Eventually I requested help from a lawyer in Los Angeles California, that lawyer referred me to work with a lawyer in Chicago. ( both lawyers would receive 10% each)
    The lawyer in Chicago is close to a settlement, and suggest that I settle, but My condition has significantly worsened since the operation.
    I have neuropathy , and pain from the top to the bottom of my entire spine, ribs, arms , hands and neck.., with constant severe pain radiating from the surgery area itself..
    I just want the pain fixed and Iím not sure what to do and what direction to go,
    If I settle the claim will this negate any possibilities of fixing the surgery that was possibly botched In the future?
    The lawyer claims that I should settle because the insurance companies will just deny further claims four services.
    He claims that my personal insurance Will pay for any expenses if I am hurt at home in the same surgery area
    He also claims that I could re-open another claim if it is irritated or lit up on another job.
    My jobs are all separate jobs under different employers come on through the union
    1- is it possible or has anybody ever heard of, after settling a claim that their own insurance re-operated on the same injured area that was originally Workmenís Compensation,?
    2- when I settle does it negate any possibility of fixing the original surgery,
    3- what is the best outcome and what should I do?
    Thank you I am so Scared that I am Losing the use oh my hands they are my life!
    Please any help or information would be greatly appreciated.

  2. #2
    Join Date
    May 2010
    Posts
    625

    Default Re: Canít Get Any Answers , Iím Scared and Hurting

    Ive been thinking about this for days........All I can suggest is a 3 way call with your 2 attorneys and listen to them and their arguments of why they belive what they do?...Both are in to different directions of their views.
    Depending how long you have been out and the amount you have been paid is a big facter in all this.....If you have to get a medicare set aside for your injury, no way your regular insurance will pay for future problems till you use all that set aside money up.

  3. #3
    Join Date
    Jun 2021
    Posts
    8

    Default Re: Canít Get Any Answers , Iím Scared and Hurting

    Thank you Airdale, I like the idea of the three-way call,
    If I do settle ,Iím just wondering ( in the future on anew job) do I have the right to open a new claim on the same Injured area will they pay for Surgery on the same surgery area of the original claim if needed?
    ēMy lawyer claims that there is an a ď aggravatedĒ
    Or ďlit upĒ provisions of opening A new Claim
    In the future for the same injury . Is this true?
    ēMy lawyer also claims that once my case is close if I do enjoy myself at home and it affects the same previous Workmenís Compensation injury my insurance would pay for it. Is this true?

  4. #4
    Join Date
    May 2010
    Posts
    625

    Default Re: Canít Get Any Answers , Iím Scared and Hurting

    Quote Quoting Scared back one View Post
    Thank you Airdale, I like the idea of the three-way call,
    If I do settle ,I’m just wondering ( in the future on anew job) do I have the right to open a new claim on the same Injured area will they pay for Surgery on the same surgery area of the original claim if needed?
    •My lawyer claims that there is an a “ aggravated”
    Or “lit up” provisions of opening A new Claim
    In the future for the same injury . Is this true?
    •My lawyer also claims that once my case is close if I do enjoy myself at home and it affects the same previous Workmen’s Compensation injury my insurance would pay for it. Is this true?
    Have your attorneys talked about a MSA?( medicare set aside )...No your own insurance will not pay till all your MSA is used up.
    If you were back and work and your claim is closed, yes if what you were doing agravated it you would use WC insurance.
    Just seams like your a few steps ahead of the big picture?
    Im hoping for one of our board attorneys shows up.
    I went through the Illionois WC over 14 years ago...My MSA was very large, but I do control it myself, as thats what my attorneys fought for me.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,812

    Default Re: Canít Get Any Answers , Iím Scared and Hurting

    An MSA only applies when the injured worker has or is about to get Medicare. I don't think the MSA has any bearing on what private health insurance will pay (except for Medicare supplement plans). In some states, like NC, the private health insurance has to pay after the comp case has settled out on a full and final basis.
    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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