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Old 10-11-2004, 04:02 PM   #1
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bernie24-7 HB User
going thru hell with my back and workers comp

hello my question is .I got hurt on my job last year in april.I was put on light duty from april-november but the reason I was on light duty so long was I was taking 3,000mg of hydrocodone a day I was always ain free.I do concrete work[construction]been there for 14 years.so in nov.2003 I got tried of taking pills and nothing was being done to help me see what the problem was . so one day I told my supervisor and workers comp that I need time off to heal cause they just kept telling me that I had a lumbar sprain .so what they did was thier dr. had put me back to full duty with no restrictions. I couldn't do that when I was on light duty .so I went an got an attorney .about two weeks later I get to work and my supervisor pull me to the side and came up with this .the workers comp dr.'s are saying that you can do your job and you 're saying you can't so we can't be liable if you get hurt again..that when everything started getting crazy .I couldn't get a dr.'s appointment,couldn't get pain pills anymore I was hurting like hell .so around may 2004 I finally got a dr.'s appointment went there thinking I was gonna get some help and he tells me that he can only give me anti imflamatory pills he's not autherise to give me anything else.but to make a long story short saw my lawyer last week and he.s telling that we might when and to try to settle in dec..but I've been hurting since I got hurt last year and I'm talking non stop pain I used to make $50,000 a year and it's almost been a year now I haven't recieve not a dime yet someone please help me what should I do right now I have no pain pills the dr. won't give me an appointment please help me

 
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Old 10-11-2004, 04:07 PM   #2
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bernie24-7 HB User
Re: going thru hell with my back and workers comp

I've been to about 4-5 dr.'s thier dr.'s and thier all saying it's nothing wrong with me had 2 mri's that said I have 4 bulging discs and 1 herniated but thier saying it's not bad enough to stop me from working .I haven't been working since last december .it's like sometimes thing are going ok I can go to the dr and get pain pills then they just switch out and I can't get pain pills or go to the dr. what should I do next someone please help me

 
Old 10-11-2004, 05:05 PM   #3
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carol632 HB User
Re: going thru hell with my back and workers comp

I'm afraid I don't understand. Why can't you get a doctor's appointment with an orthopedic spine specialist? He would order an MRI and find out what is wrong with your back, and then work with you, and give you some pain meds. I'd like to be more helpful, I can tell you're desperate, but I need more information. Have you ever seen a specialist? Have any tests been done? Is it your back only, or do you have pain in your legs, too? Please tell us more.

Carol
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Old 10-11-2004, 05:20 PM   #4
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bernie24-7 HB User
Re: going thru hell with my back and workers comp

YES i'VE BEEN TO 3 ORTHO-SURGENS AND 1 PAIN MANAGEMENT DOC.BUT THE PROBLEM IS YOU HAVE TO HAVE AURTHORISATION TO SEE ANY DR. THRU WORKERS COMP THAT'S WHERE THE PROBLEM IS. THIER DR. DON'T SAY HEY WHERE ARE YOU HURTING OR ANYTHING LIKE THAT DON'T ASK ME WHERE I HURT AT EVERYTIME i GO TO A NEW DR. THEY DO THAT TEST WHERE THEY TAP THE FRONT OF YOUR KNEE THE RIGHT KNEE NEVER MOVES BUT THE LEFT JUMPS EVERYTIME .THE PROBLEM IS THEY DON'T WANT TO PUT IT ON PAPER THAT SOMETHING IS WRONG WITH ME LIKE NOW i CAN'T SEE THE DR. OR GET PAIN PILLS .THE BEGINNING OF SEPT. i CALL THE DR. OFFICE AND SAID I WAS HURTING AND NEED AN EMERGENCY OPPOINTMENT .THEY TOLD ME THE EARLIEST OPPOINTMENT WAS SEPT.30 THIS WAS ON SEPT.THE 4 OR 5 FOR AN EMERGENCY OPPOINTMENT NOW .THEN I CALLED A COUPLE OF DAYS LATER AND SAID OK GIVE ME THAT OPPOINTMENT FOR SEPT.30 NOW THEY SAY THE DR. IS GOING TO BE OUT OF THE OFFICE FOR THE NEXT TWO WEEKS HAD TO GO TO THE EMERGENCY ROOM AGAIN .THIS IS WHAT I'VE BEEN GOING THRU SINCE LAST YEAR DEC.PLEASE REPLY I NEED ADVICE ON WHAT TO DO AND MY ATTORNEY I'M TRIED OF HIM HE'S TRYING TO GET ME TO SETTLE AND THIS IS WHAT I'M GOING THRU EVERYDAY

 
Old 10-11-2004, 08:09 PM   #5
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Haw'nCarl HB User
Re: going thru hell with my back and workers comp

Aloha bernie,

I just wanted to post to say how sorry I am to hear how you are being treated, that is deplorable. But I am also a little confused; you said that your MRI showed four bulging discs and one that has actually herniated. It certainly sounds like there should be enough evidence that there is a serious problem going on, but when you said that none of the bulges were significant enough to cause you any problems is the part that I donít understand. But I still think that any orthopedic surgeon worth his salt would be pressing for more tests, such as a bone scan, or maybe a discogram. It doesnít make any sense to me that if the MRI is showing that much going on that they would be dragging their feet as much as they are. And I would be shopping around for another attorney if I was that dissatisfied with mine. I donít mean to be condescending or anything, I am just thinking out loud. I have been extremely fortunate with my claim, and have only heard and read about the nightmares born in the workmans comp arena.

Again, I am so sorry to hear that you are having such a nightmare. Have you gone to your Stateís website and read the W/C statutes? You may want to read as much as you can, knowledge is power; you do have a lot of rights. Also, is your employer disputing that your injury occurred on the job, or are they denying any liability? If not you should have been getting wage replacement checks from the beginning of your claim. ManÖI wish that I could help you some more, but thatís all I have for now. Good Luck and God Bless.

Carl
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Old 10-11-2004, 08:12 PM   #6
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lfoster21 HB User
Wink Re: going thru hell with my back and workers comp

I was injured on the job a year ago as well. I know how VA workman's comp works but I also know that each state is different. 1st, is your lawyer a specialist in w. comp? I was told that there would come a time when the company will want to settle, if it looks like your injury is long-term. My lawyer said that some times it is a good thing to do, but if I think I am going to need medical help in the future due to the same injury...I will probably not want to settle. When you settle, they will offer you a figure, but they minus what they have already paid in wages(if they have been doing that). You will also not be able to have them pay for future medical bills. PLEASE, go to your states worker's comp. website and find the specifics for your state. They vary widely. Also, make sure your lawyer has filed with the state department of work. comp. on your behalf. (If it was filed, you would have recvd. a letter from the state saying that it had been filed.) 2nd. I understand that you may have to see their Dr. If this is the case, the Drs. are on their side. They will usually state that you can work, so that when you can't do the job the company has reason to fire you without having to pay your medical. Your lawyer will then ask the state to step in and determin if in fact you are injured. Do your homework. Make a notation of every event, conversation, phone call...Don't take what your company says as fact. Has your company found the injury to be compensable--have they decided to pay part of your loss of wages? If you have to go see their Dr., consider having your lawyer or a 2nd person there taking notes. If the Dr. says he is done and you know he hasn't even looked at the area that you are having problems with...dont hesitate to ask specific question about your medical concerns. It was very helpful to me to keep a "pain journal" where I noted my pain, the time it came on, what I was doing and the level of pain (1-10). When I went to see the Dr. I had someone type up my notes neatly and I gave them to the Dr. and told him I wanted it in my file. Now, they can't say that they weren't aware of specific concerns or pains.

I hope you can get the help you need. I will keep you in my prayers.

Lorie
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Old 10-11-2004, 09:01 PM   #7
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TexasWildRose04 HB User
Re: going thru hell with my back and workers comp

Believe me, I totally understand the doctors dragging their feet with this sort of thing, especially with workers comp.... My girlfriend hurt her neck at work about a month ago, and has been dealing with a workers comp doctor like that.... She went on her own and had MRI'S done and xrays etc...because he wouldnt have them done... he kept saying she had neck strain.....Her MRI shows two buldging discs.. and two herniated discs in her neck... pressing on nerves and causing very severe and constant pain, numbing, and tingling in her arms, causing horrible headaches......So she showed him the MRI results and the workers comp doc says that lots of people have disc herniations or bulges and lives with them on a daily basis and they heal themselves..... and that he wasnt to concerned to be in a hurry to do anything....No concern fo the HORRIBLE pain she is in..... he put her on limited duty at work...basically cant do anything, but sit in a chair... and YES! they are having her do that.....because he said no lifting... at all... no repetative arm movement... no looking up... or repetative head movement.... and she works for a VERY popular home improvement warehouse....on the night crew stocking... you know... HEAVY HEAVY stuff... if that tells ya anything....eventhough the 2 Neurologists and the Orthopedic Doc...she has seen both said they feel she needs surgery to fix the herniations....the workers comp doc said PT would work.... she went to PT for 4 days... the therapist said there was nothing they could do... her herniations were to severe..... The workers comp doc says he doesnt agree with the therapist, so back to PT she goes.... after 2 weeks they tell her again... There is nothing they can do.... So now the Workers comp doc says.... He wants her to go for Epidural Steroid Injections... so now she is awaiting authorization from workers comp to see a Pain Management doc....So she is basically living on Vicodin.... anyway.... I can totally understand and relate to the whole.... Doctors dragging their feet. and waiting for authorization for anything you have done with workers comp... it truly stinks.....Bernie.. I hope things work out for you and you feel better really soon..... Take Care........

 
Old 10-11-2004, 09:13 PM   #8
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kittie~156 HB User
Re: going thru hell with my back and workers comp

GET ANOTHER ATTORNEY____ASAP!!!!!!!!!! i had the same problem with my first attorney who was suppose to have my "back" extra good because she was the wife of a guy i was a cop with! she didn't. she would never answer my calls, and had her assistant every once in a while. however, when it came to anything important-LIKE STANDING UP TO MY CHIEF WHEN HE WOULD NOT GIVE ME A LIGHT DUTY POSITION EVEN THOUGH HE GAVE OTHER OFFICERS IN MY SAME SITUATION or WHEN THE WORK COMP CO> WOULD FIGHT ME OR NOT GET AUTH> FOR THE SIMPLIST THINGS. i eventually had to get another attorney, but be aware that when you do settle, they are entitled to money for the supposed "work" they did for you. it is a bunch of crap since your attorney is probably fighting you more than he/she is fighting FOR you! it is the way that it is-and trust me, i fought tooth and nail to change it. all i did was get in more pain from the stress. SIDE NOTE: this is medically substanciated. the stress causes the release of cortisol which enflames already injured/irritated areas.
i am telling you this from experience-do not settle medical stuff unless your spouse has insurance which wlill cover a pre-existing cond. do not listen to your wimpy attorney, get a new one (you may have to go to a few-i did. i went to 6 of them and they all told me that i was too young(26 at the time), in too good of shape (i drag myself to the gym everyday because i know that it will be much harder to start again-not to mention painful- if i don't) , and too CUTE!!!!!!! how ludicrious is that? finally i found someone who would fight, normally you can find them through a doc who is not in bed with the work comp co. that is how i found mine. they weren't spectacular, but they got more results than my first one or by myself. don't ever let ANYONE tell you that you don't need a lawyer. the work comp co torture you on purpose so you will give in and settle so they do not have to deal with you. or spend the money on you in the long run. they will NEVER give you anywheres near what your medical will be! you would laugh at the math they do to figure your settlement amount. of course you would die laughing if they didn't always get away with it because the problem is not only with in your state, but FEDERAL. good luck!!!! and change your lawyer NOW!
kaat776

 
Old 10-12-2004, 09:24 AM   #9
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bernie24-7 HB User
Re: going thru hell with my back and workers comp

my attorney like really doesn't do much that i9've seen it's been almost a year well dec. 4 will be.I haven't got a dime since then .I'll go to thedr. but he doesn't do much either this dr. I have now the frist time I went there he does a few test,tells me to walk to the door .and then that's it so I ask him for pain meds he says all I can prescribe is anti-imflammatory meds. ok talk to my attorney forgot I first got hurt in august of 2002 did therapy and went back to work then I got hurt the second time in april of 2003 been hurting everyday since then. so the first time I went to this dr. he told me I'm only authorised to treat you for the 8/02 accident I told him I'm here for the april accident so that was the first time.talk to my attorney he said it's gonna be fine the next time I go .so the second time I go there .he come in do the same tests as before and says he don't see nothing wrong .so I say well my back hurt all the time in the morning the most and when I stand for awhile or sit too long .so he leaves the room goes and get on the phone.then comes back and say that in no way am I to treat you for the 4/03 accident even if I wanted to so I said I'm hurting can you give me some pain meds he gave me ultracet .that is for minor aches and pain so I try them and didn't feel any different so the next week I went to mediation and my attorney and thier people have supposed to have got things str8 this day so they gave an oppointment to go back to this dr. again a few days later .so I get there he does the same tests over again orders a mri on my lumbar spine but he was suppose to do the thoratic spine he does the lumbar .well any way he looks at the mri and says I don't see anything to be worried about so he says I can put you on light duty .I told him I haven't work since last december and I'm not going to work hurting like this so I ask him for a different prescription cause the ultracet does work he says that's all he can give me so I told him now you are authorised to see me now you can give me something for this pain so I said who do I need to call workers comp my attorney and have them call you or workers comp call you so he comes to the front and gives me another prescription for darvocet .I had pain pills for about 21/2 weeks then I did the mri and he wouldn't give me nothing else like right now I'm hurting went to the emergency room last week they gave me hydrocodone 10/650mg that work the best for me but they only give you like 20 pills now I'm out of pain pills I don't know what to do now .I've been to the ER bout 3-4 times this year cause they leave me hangin like this all the time .so what do you think I can do anyone have any advise

 
Old 10-12-2004, 04:33 PM   #10
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lfoster21 HB User
Wink Re: going thru hell with my back and workers comp

Your situation is obviously complex. I dont know your situation, but can you afford to go to another Dr. that doesn't work for your company? Or do you have health insurance that would pay for that? I know originally I saw my general practitioner who ordered my MRI and perscribed me meds. You might let them know that your problem seems to be w/ the thoratic area and your Dr. only did the MRI of the lumbar. Also, I would always keep records of your appointments, ask for a copy of your records (it's required by law that they give them to you)and get a copy of the MRI report from the XRay technician. It will have their interpretation. Good luck.

Lorie
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Old 10-12-2004, 05:51 PM   #11
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Re: going thru hell with my back and workers comp

Hello.
Im sorry your going through this crap, but sorry to say welcome to my world WC sucks everytime I needed to go the dr they would so no they are not going to pay for it and I wasnt allowed to go. But lucky I found a good attorney and he said go anyway and we would fight it out later I just had to tell the dr I wanted to see it was WC and yes they denied it every time and and everytime refused to pay the bills. Do you have a QRC they are suppose to help you mine even goes to the dr apt apts with me to make sure they are treating me right even to WC dr apt. Been doing this since 2002 oct. I hate them they dont under stand the crap that they put us through. I been to the ER about 20 times in the last 2 years always to get pain shots always put it under WC and eventually they pay. Drs finally put me on light duty after trying for to work 4 times they always drag their feet Wc. Now they want me to see there shrink always games its never ending. It gets to the point where it like they run your life you arent suppose to do anything without getting it approved. God I hate them. Sorry about that it just gets to the point they dont care they are very unfeeling monster.
My advice to you is be strong ask for a QRC ask your attorney to get you one dont take their QRC because you cant trust anyone from WC they will screw you anyway they can and make you feel like your lying and your nuts,
so be prepared for a battle. Sorry its so long been having a bad week because of the games they are playing with me. But like I said I have one of the best WC attorney in MN and we have won every court case with WC so far.
Keep up hope and I would go to the Dr anyway and keep telling them whats wrong evenaully someone will listen my Chiro helped me find a good DR and someone that beleived me that I was in such pain.
Anyway sorry so long WC is a subject I hate.
Kathy
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Old 10-13-2004, 01:26 PM   #12
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bernie24-7 HB User
Re: going thru hell with my back and workers comp

hey kathy thanks for the advice . and thanks to everyone else too.kathy what is a QRc? yeah I'm going thru hell too .I've seen like 4 dr.'s already .and thier saying that nothings wrong and now my attorney is saying that maybe we better settle .and check this out maybe we better settle and when I settle I can use my settlement money to get some help .what is that.sorry so I told him that I'm not settling my back is hurting and I don't know why when I get some help then we can talk about that.I know I have 4 bulging disc in my lower back from the first time I got injured .but when I got hurt the second time last april .the middle of my back started hurting and has never stop only comfort I get is from pain pills when I can get them. whata mess this is .so my attorney is saying that I've been to 4 dr.'s and all of them are saying it's nothing wrong with me .I haven't worked since last december. do you or anyone reading this have any suggestions of what I can do to get the ball rolling my way .because honestly and deep down I know I have a serious problem .it's been a year since I stop working and it still feels like I never took all this time off .this pain isn't going anywhere .if nothing was wrong with me and I wanted a couple of dollars that would be great take the money and run with it . but believe that's not my case so please give me some advise so I can get something going .you think I should switch my attorney cause thier not talking like thier supposed to if they were on my side thier tell me
I should settle .and all they're offering is 5-10,000 .I was making $50,000 a year I don't know but doesn't this sound funny .I mean I need to know what to do to get them to believe me .like now the dr. they were sending to won't give me an appointment anymore or pain pills what can I do to get something going in my favor someone please help me

Last edited by Administrator; 10-13-2004 at 06:35 PM. Reason: Use proper language, not cuss words!

 
Old 10-13-2004, 05:54 PM   #13
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injured betty HB User
Re: going thru hell with my back and workers comp

Bernie, a back is a hard thing to prove. Are the bulges impinging on a nerve? Have you had an EMG? Can you point to one incident that made your discs bulge? When fighting WC, they have to have a specific incident that caused the pain. Witnesses are great too.

They told me that they usually approve the first few visits, meds, and PT, but you if you money it is a very hard thing to get. The back is not like any other part of your body. It ages, naturally. Discs bulge, herniate, fracture, all with age. This is why you need to go WAY beyond normal to prove that it is a work related injury.

If you just want to get fixed and make the pain less, then the best thing to do is to settle and take the money and see a private doctor. That is better than nothing. You are already going to have to pay a huge chunk of change to the attorney out of the settlement.

I know that this sounds disheartening but we just went through all of this with WC. They are still trying to weasel out of my husband's injury, even though it happened at work, and was well documented. Luckily, this was the neck, where people don't usually herniate discs without a traumatic injury involved.

I think, had he gone after disability and/or money, it would not have been worth the hassle. Hopefully the surgery fixes him and the pain subsides forever and he can keep working.

good luck,

 
Old 10-13-2004, 08:25 PM   #14
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Re: going thru hell with my back and workers comp

Bernie,
If it was me I wouldnt settle for that my God what a joke. I would fire your attorney Ive been to their Dr too and they say nothing is wrong of course they are going too. Now they want me to see their shrink and I know right of the start that he is going to side with them because they pay that shrink. But of course when I want to see mine they Dr that goes along with pain management they say NO. Is there another attorney around your area one that does just WC. They are the best and they will help at least mine is really good. He is one of the best WC attorney's in our state.
Also I know its up to you but if it was me dont settle you never know whats going to happen down the line. If I ever get to that point my attorney said that they will pay for my back the rest of my life . I guess it wouldnt be so bad if I would even think that they even gave a dam but I know they dont.
Keep me posted I know the hell your going through Ive been going on 2 years of this crap. Do you have a pain management program around there? That is who helped me find out what is wrong with my back yes there was times they even said we have done everything we can for you but yet there are still fighting for me.
let me know how things are going for you
Kathy
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Old 10-13-2004, 08:51 PM   #15
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injured betty HB User
Re: going thru hell with my back and workers comp

I don't want to be argumentative so all I am suggesting is to read the net in regards to cases that deal with WC and back injuries. I spent months reading them. There is case after case and I didn't read any of them where WC didn't win, or the person got very little in comparison to the pain and further problems down the road. They can tie you up in court forever. Attornies that try to have you settle, pretty much know what they are talking about. They stand to lose, if you lose.

I am not sure what words finally got me to the actual cases but I remember reading them with great dismay.

According to most of the cases that I read, when it came right down to it, and WC won, it was because of all of the parts of the body, they could not define the back as a seperate entity unless someone did something, like say, broke their back as a direct result of a work injury. Strains, pulled musles, hernations, bulges, pinched nerves, were all dismissed.

I have some time tomorrow. Maybe I can figure out which words I typed in to find this information. I also found the same type of information when I read the Military (also government ran) handbook for health and disability. Backs were left out of the disabilities that were covered unless you could prove that work caused it.

 
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