In Aug. 2014 I had a second lLaminectomy and partial discectomy, after the surgery I still was having symptoms., after all the therapy and work conditioning I still have severe symptoms (sciatica back pain) I returned to work in May of 2015, I took a less physical job with my company but I'm still having some severe symptoms at times. My Surgeon had me get another CT scan back Jan of 2016 (Paid by my Insurance because Workers comp says I'm at MMI) he says that I need another surgery after seeing him on Feb of 2016 he sent the results to the Adjuster with an update and an update to my Attorney at the same time, so I get a phone call from my Attorney today upset with me that I need to do more, to be more proactive in the case, isn't this why I have an Attorney and a Doctor ? I'm getting so tired of the blame being put on me by my Attorney, I really don't know what else I can do, sometimes I think this case is to hard for him ! I'm scared to fire him because I'm afraid I might get someone worse. (Illinois Workers comp case)
Your attorney knows your case better than any of the attorneys on this forum. You should schedule a face-to-face meeting with him to discuss your case in detail. I find that in most cases a meeting can help clear up any confusion or misunderstandings. If all else fails, you can always seek a second opinion from another attorney.
Your post suggests that uour attorney is doing his/her job. Perhaps schedule an appointment. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
My guess is that you and your attorney are not communicating well.
He wants you to be more aggressive in scheduling another surgery. This would help you arrive at a place where he can settle or try the case. After all, you want to get out of pain and get healthy, right?
He cannot do much until you are at MMI according to your doctor. Obviously, there is a split between your doctor and the WC doctor (Section 12) examiner. One things you are fine while the other wants to do more surgery. The only way to settle this "tie" is to take it to trial. It makes little sense to do this before you have the surgery, since the best option is to have the surgery on your health insurance and then go to trial to resolve the dispute and/or settle the case.
Schedule a face-to-face meeting with the lawyer. That is always a great idea in cases like this!
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
You need to have confidence in the attorney who is working on your case. If you have lost confidence for whatever reason you should consider calling him or her to discuss your concerns. If you have already done that or are just at the end of your patience you should consider making a change to am attorney that shares your vision and understands your goals. My office typically maps out a plan from beginning to end so the client understands the process and what will happen next. This sounds like a very serious situation. You need a lawyer that understands how this is effecting your life and occupation. Call an attorney on this site or any of the qualified people responding.
Your question doesn't make sense. No meaningful commentary can be made without knowing:
1.) When were you injured?
2.) When was the 1st surgery(you say 2nd surgery was in 2014)?
3.) What was initial mechanism of injury?
4.) What was rationale for 2nd surgery?
5.) What is the rationale/explanation for the proposed 3rd surgery AND does your surgeon relate it to the original injury?
6.) What level(s) were operated (e.g. L4-L5)?
7.) What level is the proposed surgery?
8.) What does your attorney mean by "proactive?" This is generally a term that would apply to your attorney. Remember that your attorney is constrained by your doctors.
9.) Does the lighter job pay less than than your former job?
You have an obligation to understand the process and your attorney has an obligation to explain the process sufficiently that you understand it in general terms. This often requires more time and effort than the client anticipates and the attorney is willing to commit. It can only work well if you understand one another. Speak with your attorney or meet with him to make sure you understand his expectations of you and so you understand what your attorney can and cannot do as well as what he is willing to do.
You also need to understand that the longer a claim drags out, the more an insurance company has invested in medical, TTD, expert opinions, and legal expense. There is ever increasing pressure on the adjuster or attorney defending the claim to resolve it. The best attorney will not rush your care but they WILL make sure that no delay is attributable to you or him. Time works against you.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
I agree with the other excellent answers, and would like to add a somewhat different take on what may be going on:
If you are currently working then you aren't temporarily disabled and can't get any money for disability, but you could have a hearing to get your surgery paid by Workers' Comp.insurance. In order to win such a hearing, then:
(1) you would have to have your surgeon testify that the surgery was necessitated by the work injury. Such testimony costs lots of money and is time consuming (and the other side may want to take testimony of their own doctor). If two doctors' testimonies are required, then you would be talking about 6 months' delay, or more
(2) Get a hearing called a 19(b) hearing on the issue of the surgery. Such a hearing to get the surgery approved takes months, and then it takes months to get a decision.
(3) risk an appeal that would take months or years.
(4) get your surgery (or not, depending on how good the doctors' testimonies were, and whether you won)
OR you could have your surgery through group, and then have the doctor(s) testify that the surgery was necessitated by the work-related accident. At that point, the doctor would probably only have to testify once, saving you a year or two or more and saving you money as well. And after you surgery you could have a hearing (and/or an appeal)
Your question doesn't say why your lawyer thinks that you should be more pro-active, but I suspect that he wants you to get your 3d surgery through group, IF you want it.
You might also ask you doctor what damage might occur if your case takes a year or two in order to win the trial and appeal; it may be dangerous to wait. That would make the decision an easy one.
You need to discuss all this with your lawyer and clear the air.
My answers to this question are informal and partial due to the insufficient nature of the information exchanged. These answers do not make me your lawyer. In order to make me your lawyer you have to hire me, in writing. Answers given herein are necessarily brief and cannot be complete or reliable legal advice until (a) an attorney-client relationship has been established, and (b) until complete information has been given pursuant to that relationship..
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline