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Should I contact a lawyer about my workman's compensation claim?

Durham, NC |

On May 6 as I was working (stocker) I strained my back muscle. I went to the doctor (urgent care) 3 days later because the pain was still constant and not letting up the least bit. The doctor confirmed that I strained my back muscle I prescribed muscle relaxers, pain medicine, requested I go to physical therapy, and put me on "light duty" at work (no lifting, pushing, or pulling greater than 15 lbs, no overhead work). Notified my work, had to wait to hear from risk management to work. Four days later I hear back, short phone call, I am assigned "light duty". Two days later I'm back at the urgent care for the same pain. Referred to a specialist. Tried notifying the risk management agent, no word. It's been just over two weeks and I have no idea what is going on, what is covered, nothing.

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Attorney answers 6

Posted

As with most legal probelms the answer is yes! While workers comp claims do not require an attorney, the fact is that of the benefits paid, the vast majority goes to represented applicants. It is the job of the claims adjuster to pay out as little as they can. In addition a lawyer will see that you get all the benefits you are entitled to.

Posted

Back injuries can heal completely or they can be career-ending. Get the care you need without delay or consult a local Workers' Compensation attorney. The quality of your life, for the rest of your life, is what's at stake.

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

Posted

Yes, yes, and yes. Especially if he consultation is "no cost" with an attorney in your jurisdiction that regularly practices in workers' compensation matters. You don't perform your own surgery, don't "do it yourself" with the law.

The opinion above should not be interpreted to be legal advice but rather an opinion. Attorney / Client relationship is not being established by the comments contained above.

Posted

Short answer, yes. Find an experienced worker's compensation attorney in the Durham area and let them assist you in the process.

Posted

If this is a momentary back strain that doesn't lead to any lost time at work (although light duty) and a few weeks of physical therapy you may not need an attorney. However, in order to get things set up in the way of treatment, therapy, etc. you will need to make plenty of phone calls, some of which may not be returned. The adjustors assigned to workers compensation claims handle much too many claims which they cannot possibly handle. Some insurance companies are likely hoping your frustration will result in you giving up and putting the cost of treatment on your general health coverage instead. Whatever you do, don't go there. If you do that, and it turns out to be serious, you could have a much harder time getting the worker's compensation benefits you need or the claim could be denied. If that happens, it could take a very long time to get benefits. At least speak to an attorney and give them more information so you can get proper advice going forward. Most will talk to you without obligation. Good luck and get better soon.

Posted

You should talk to a lawyer about your claim. Workers' compensation specialist lawyers in NC give free consultations, and there are several excellent ones in your area. You also need to file FORM 18 with the NC Industrial Commission and your employer to establish your claim, within 30 days of the accident. But get the free consultation before you file the form, to make sure you do it correctly. I have several "legal guides" posted on my profile here at AVVO that may help you to understand what you need to do, so feel free to go to my profile and read those things.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.