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Susequent injury help
06-12-2008, 10:42 AM
Post: #1
Susequent injury help
I was injuried on duty three years ago, in which the company covered the injury. A year after that inital injury and after exhausting alternatives to surgery, I had to have back surgery. A short time after that surgery I was rear ended while not at work. That minor vehicle accident caused the already repaired (but weakened) area to reherinate. This caused me to have another surgery, in which the at fault persons auto insurance paid for. Its been about a year since that surgery and now I have had ever increasing back pain and spasms. It is my thought that the inital injury is ultimalty responsible for the reherination from the accident and what I fear now is the disc is herinated again. What is the chance that workers comp will now again pay the medical bills, since the first injury weakened my back to the extent that now the same area keeps reinjuring?
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06-12-2008, 12:19 PM (This post was last modified: 06-12-2008 06:46 PM by WCisBS.)
Post: #2
RE: Susequent injury help
Smile
You have an uphill battle to say the least. work comp doesn't work that way. work comp isn't liable just because it's one cause or any cause. most state comp laws require a direct/proximate/over-riding/ primary or some such threshold of a causal relationship.
liability all starts with supporting medical opinion as evidence.
Until/unless you can get a physcian to leap over all the intervening time and events and say you need treatment now because of what happened at work 3 yrs ago you'll have a difficult time winning your claim.
Shy
having a work comp back injury once upon a time doesn't make the past employer responsible for all future back problems.
having said that many try and some succeed-it all starts with the medical evidence.
Rolleyes
It'll undoubtedly require litigation.
as health insurance gets more and more restricted, the pressure on existing systems like workers comp to fill the gap increases.
hopefully the USA gets a better, more complete health care system soon.
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06-14-2008, 09:51 AM
Post: #3
RE: Susequent injury help
if you had fusion the metal in ur body can cause you more pain because ur body might reject the metal.my dr wants to take my metal parts back out only to see if it helps the pain.thats a big IF to go through that fun again if it doesnt help.all ur discs above and below with have more stress put on them from fusion because they have more pressure on them now.this is going to be a life time thing,hell you could cough or move wrong and damage a good disc.the wc i not know im sure 1171 is correct.best of luck.

Each day is not a rite,it's a given.
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