Labor and industry ,on the job injury

Asked over 4 years ago - Monroe, WA

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worked at GHC for 19 years and hurt back lifting xrays 1997 off work and light duty off and on for years -they didnt do mri until 2003 bulging disc -they opened closed case several times went to pt. chiro and massage and in 2003,i moved out of state and had baby--didnt have any pain until 2007 ghc closed claim 2003 woke up in extreme BACK pain 2007 and had mri ,discs that were bulging were now herniated had 2 cortisone shots to shrink disc it went back to bulging-,neurosurgeon said he did not want to operate and go to PT..if needed---i am in pain every day i wakeinpain im on gabapentin a seizure med that is used to cut pain from spine to brain 4 pills a day and oxycodone 2 times aday id take more for pain but md insists she does not want me addicted to it--she is not living in the agony i am --ghc hired top atty to state their case in court and i have a court case in febuary and ghc side is march i needa tty to state the case i need to have care and case needs to be reopened

Attorney answers (1)

  1. Contributor Level 12

    Answered September 19, 2009 04:58. I am licensed in Georgia and can not advice you on your state's laws.

    However, you need an attorney. You may want to contact the local bar for a reference.

    Tell them you are seeking a lawyer expereinced in workers compensation.

    Meanwhile maintaining evidence is important. Save all documents. Take photographs of any relevant matters, in a car wreck that would include the scene, vehicle damages and any visible injuries.


    You may also have a potential law\suit in addition to workers compensation.
    Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit.

    For example, in Georgia, the statute usually runs or expires 2 years from your injury for a personal injury case and 12 months in Georgia for workers compensation.
    Medical Malpractice claims can be longer or shorter.
    You should act now!

    Do not give the "other side", their insurance company nor their lawyer a recorded statement.

    In injury cases do not sign a medical authorization.

    Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side.

    One of the most frustrating events that I have encountered as an attorney, is when someone is barred from a recovery, due to a legal time limitation.
    Legal time limitations are called "Statute of Limitations”. These are laws which prevent legal remedies in relation to wrongful conduct.

    Many people may try to do what they believe is “the right thing” by waiting to see how something is going to turn out before they file a claim. They often simply just wait too long.

    Some people are even tricked by defendants or their insurance companys into delaying past the statutory time periods.

    Yes, I have seen adjusters and even hospitals talk nice and friendly to an injured person and string them along maybe paying some of their bills, encouraging them not to seek an attorney, until the day after the statute runs. Then the person has no legal recourse. That is sad.

    Statutes vary by state and like most rules, almost all have exceptions.

    ~Appropriate legal action, notice and claims must take place well in advance of the statute if you want to be safe in pursuing an action.

    ~ Make sure you discuss the statute of limitations and other legal time limits with your own attorney. As an example here is some more detailed information on Georgia Statutes m/node/738402

    ~Act now!

    Good Luck

    Make it a great day!
    Howard Spiva

    The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families. www.spivalaw.com

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