I fell on the ice while at work on my left inner elbow. They sent me to their doctors who put me in physical therapy for 6 months. The doctor told me that surgery wasn't an option and neither was a cortisone shot. He didn't feel comfortable giving me the shot because he said the nerves and tendons were to close together. After 6 mos of therapy he gave me the shot which didn't work. Said his back was against the wall, he couldn't do anything more for me and wanted to know if I would like a second opinion which I said yes. Within 5 minutes of the new doctor looking at my mri he said " here is what your problem is - your tendon is torn from the bone ", and he said I could choose surgery or see if it would grow back together which it wouldn't. Haven't worked since 12/26/14
This is a very complex situation. If you fell at work you should have ND WSI claim that is paying disability and medical expenses. Possible third party liability claim but falls on ice in ND are difficult cases. Also you need someone to look at possible medical negligence claim against first doctor. These are very difficult claims and should be reviewed by an attorney who has experience with in handling medical negligence. Bottom line, Yes you need to consult an attorney. Do this sooner rather than later.
The information that I am providing is general information based on my understanding of your question. You cannot and should not rely on this general advice in making legal decisions. There may be important information that you did not include in your question that could drastically change the advice an attorney that was fully informed would give you. I am not your attorney. My response does not create an attorney client relationship.
Your best bet would be to consult a local work comp attorney, who can get all the details about your case, and best advise you how to proceed to get all the benefits to which you may be entitled. You can look for an attorney through this site, by clicking the "Find a Lawyer" tab at the top of this page, and then searching for a workers compensation attorney in your city and state. Then browse the attorney profiles, read the reviews, and call around and find someone to help you. Best of luck to you.
DISCLAIMER The contents of this answer are for informational purposes only and are not intended to convey specific legal advice regarding any issues. Transmission of the information contained in this post or any posts linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Attorney Gilbert Fisher practices law only in California and does not seek to represent anyone in any other jurisdiction. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area. Readers take NOTICE: Making a false or fraudulent workers' compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Attorney Gilbert Fisher is a debt relief agency under federal law. Attorney Gilbert Fisher helps people file for bankruptcy relief under the Bankruptcy Code.
Youy should use the "Find a Lawyer" tab at the top of this page to find a top rated WC lawyer in ND.
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