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I have been out of work since oct 12 due to a work related injuries one that happend in jun and the other that happend in oct.

Troy, MO |

I was on work comp for both acciendents, up until Jan 13 when I was told I would need to have shoulder surgery, but work comp would not cover it! But still remained out due to injury on back. Then in Mar I was released for full duty for back with no findings of injury on MRI so full duty it was, but was still out because of shoulder surgery. Still in pain from back I call to make follow up appointment to see same doctor for 6 months, only then to be told I have Degenerative Lumbar Facet Disease, and was put back out on work comp with restrictions. Nothing of the sort was ever mentioned about this all six months. Still not getting work comp pay, and got a letter from employer stating due to my LEAVE I have lost medical insurance. How is this possible? Help

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Attorney answers 3

Posted

You waited 10 months too long to hire an attorney. Please protect your rights now by hiring one. Unfortunately, COBRA is your only option for health insurance. NO STATE WC LAW protects your health insurance while you are out on a work injury. Good luck.

If this information has been helpful, please indicate by clicking the up icon. 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

Asker

Posted

I am fearful of getting an atty because I don't want to risk losing my job if I am able to return to work. But at the same time I need to protect myself.

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

I honestly appreciate your concern for your job. You need to remember that nobody can protect your job. You're probably an at will employee who can be fired at any time, without any reason given. Your health insurance has already been terminated. You cannot perform your job due to a combination of your back injury and your shoulder injury, neither of which is being addressed. If you don't get them fixed, you will not be able to do this job and you will not be able to look for any similar job. I would say that the decision to hire an experienced local workers compensation attorney has been made for you. Do it now.

Asker

Posted

Thank you so much for the advice. If an attorney is hired how long of a process is this? I mean they are already taken their time to start paying me again for work comp, and I may not even get short term disability.. Also my back doctor mentioned last visit that when I come back to see her she will then determine if these are permanant restrictions? Does this mean it will make it harder for me to go back to work or find another job?

Posted

Since you have two separate injuries that overlap I would strongly urge you to talk to a local workers compensation attorney. The insurance company will always say that degen disc disease is not part aof the claim but most people over 40 have that to a certain extent so if it was aggravated or there are other conditions that are making you unable to work the insurance company should have you back on workers compensation benefits. An attoeny wil understand how to look at the medical records and see what can be done.

Asker

Posted

I was being treated for my back as a lumbar cervical sprain. Had three esi injections with no relief, my back was just fine until this happend at work, no findings on mri, then during my follow up I am told this. Very confused how you go six months with same dignosis and then all the sudden it changes. And how you are treated for shoulder thru work comp up until they tell you that you need surgery but work comp wouldn't cover it because signs of arthritis... hello this was a work related injury didnt hurt till I had the acciendent

Posted

You have a complicated case OR a difficult insurer. You need an attorney.

In answer to your question- how this is possible- it is because you are not represented, and you are not pushing them to enforce your rights. I say again- you need an attorney.

While we hope this information is helpful and informative, it should not be considered a substitute for legal advice. The choice of a lawyer is an important decision and should not be based solely on advertisements. Please contact us for a free consultation on your injury claim - there is never a fee unless we collect money for you.

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