Letter of Compromise Questions

[InsuranceCompaniesSuck]

Hello, I'm, Jon and I live in Wisconsin. I have a real good question for this forum--I had a long (3 year) battle with an insurance company for a lumbar spinal injury that I suffered back in January 2003. Lets just say I found out how crafty, greedy and heartless these places are. I was sent to hack after hack saying I had only a muscular strain (sure you've all heard that one) and I also had 2 other opinions from neuro-surgeons who had nothing to gain from me since I had no insurance to pay for surgery and they both sided with me throughout.

So they both (separately) agreed that I had 3 herniated discs and outlined a surgery I should have to correct the issue. The insurance company still screwed me hard. All I had left was a letter of compromise to "close" the case and supposedly I can't go after any sort of compensation. The WI pamphlet I have however, didn't say I (anyone) CAN'T sue again (although it could be very hard). Fast forward to the present and my back is so bad, I'm getting surgery on the state's dime (only way and it's by luck through a new health care plan here).

My question is, I would like to seek lost wages, damages, pain/suffering etc. My life has been hell since this injury. Can I still reopen this case? Staute of Limitations here is 12 years. It was never about the money, just getting fixed. I even graduated from college (through Pell grants) and have been unable to work any sort of manual labor positions. I used to be an auto tech (it's where I got hurt) and I worked at one for less than 3 months in 2007 and quit because of the bad pain in my back.

Again, bottom line, can I pursue??

Thanks in advance and sorry to read so many similar stories like mine here. It's disgusting.

Jon

[1171]

have you thought about getting legal advice?
after 7 years even if the claim is not barred it might be less difficult to win benefits by having an atty represent you.
whether you still have legal rights available for that injury probably depends on how your claim was finalized.
you can't file a civil lawsuit -- you can only pursue workers comp benefits.
if the compromise closure was filed with the work comp board only they could recind the agreement to close out benefits.
if there was no formal litigation before the comp board then you might have time left.
A wisconsin comp attorney woud be better able to evaluate the details of your situation and offer a professional oppinion on your options.

for help finding a work comp lawyer:
http://www.legalexplorer.com/lawyer/lawyer-hire.asp

[bagpussinamerica]

Hi, Jon, and welcome to this forum. Well, this is certainly the right place for you, I think. With regards to your question about your situation. I am not sure about re-opening the case, though with the statute of limitations being 12 years (amazing), it would seem like you could. I would get myself an attorney if I were you. You don't say if you had MRI's done, etc. If so, what did that show? I find it hard to understand why you would be denied surgery. Was this a workers compensation case in the first place? Did you actually file a claim? You are little bit vague on this. It does seem like you should have a good case if two independent surgeons felt you did need surgery to correct the problem.

In any case, you will get some good input on this from others here. There is a great group of experts, experiential experts at that, who will be only too happy to help out. Best of luck and again, welcome.

[inpainokla]

i think i got lucky at the time i was injured i was sent to the wc dr but couldnt get out of my car due to the extremem pain in my back and they dont chair ppl in so i called hr at work and they told me to go to the er where they did an mri which i prolly would not have received at the wc dr finding the herniations

[BooBoosNeck]

1171 Wrote:have you thought about getting legal advice?
after 7 years even if the claim is not barred it might be less difficult to win benefits by having an atty represent you.
whether you still have legal rights available for that injury probably depends on how your claim was finalized.
you can't file a civil lawsuit -- you can only pursue workers comp benefits.
if the compromise closure was filed with the work comp board only they could recind the agreement to close out benefits.
if there was no formal litigation before the comp board then you might have time left.
A wisconsin comp attorney woud be better able to evaluate the details of your situation and offer a professional oppinion on your options.

for help finding a work comp lawyer:
http://www.legalexplorer.com/lawyer/lawyer-hire.asp

I really don't know much about Workers Comp laws, however could the spouse or other affected family member of an injured workers sue because of the change in living status (or something like that)?

[InsuranceCompaniesSuck]

My, God, I'm so stupid! I failed to mention hired an atty in 03' as WC had sent me to a quack (88 miles away) and he is the jerk that said I'm fine and I can return to full time work. All he did was poke my foot with a needle and somehow he created a 4 page workup??!!

Thing is, a "neutral" surgeon that I agreed to see said it's from a previous injury, even though I had never missed a day of work and lived a completely normal life.

My problem is, I did sign a Limited Compromise but the info in a pamphlet I have didn't say I can't sue them again. In the agreement it states I can't come after them again for WC benefits but what about pain & suffering? Lost wages? Loss of quality of life? This injury destroyed my life!!!!

The only reason I'm searching for answers is because my current neuro-surgeon has advised me to speak with my WC lawyer. He is generating a report that will state that I'm here today because of my injury in 03'. This past Wednesday, I had a dreaded discography, worst pain I've ever felt and I've had one back in 03'. To answer someone else's questions, yes, I have had an MRI make-up about 2 weeks ago. I'm hoping tomorrow the surgeon will be able to develop a surgical resolution, can't imagine what else he would need. My L4-5 and L5-S1 are cashed. L3 isn't good but not as bad as the other 2. How does everyone else get it but the insurance companies hacks didn't? Damn near lying in my opinion. I'm pissed off and angry!

I'm 33 years old, living with my parents for God's sake! I feel that I have a right to sue I suppose. For 7 years and counting, it's been nothing but suffering. Again, the only reason I'm getting surgery is because I'm in poverty status (unemployed) so I qualify and they cover elective surgeries.

This site should be made more public, people could avoid traps set by insurance companies and save themselves some much precious time!

I really appreciate all the responses.

Jon

[Lilly]

I do not believe you can sue because it is a WC injury. Pain and suffering, or damages are not taken into account, sadly. Possibly if you sued 3rd party??? I'm not sure about this either. Listen to 1171.... the very wise, and informed one on here!
You may very well be able to obtain lost wages though.

Good Luck Lilly

[Still in Limbo]

I'm so Sorry to Hear of Your Situation, as I'm Disabled at 42, (47 Now) from a Lower Back Failed Surgery, and I know the He** it Entails. Now Please Consider getting another Attorney to Look at Your Case, maybe an Attorney that Deals with Personal Injury as far as the Pain and Suffering, and Loss of Consortium (SP?) (The Losing of being able to be Intimate). It seems when You Signed Your Agreement, You Closed Your w/c Case. Maybe because You had to go so Long to be Diagnosed Correctly can be Used as a Defense. Best of Luck, I'm not Sure what You can do, but I Hope it's Something!!

[jayne]

maybe go after his old lawyer?

[1171]

if the compromise letter was an agreement that all benefits due from the injury have been provided then you will not be able to get around it's intention by filing multiple times for the same injury.
look at your closure agreement and get an explanation from your atty. if you have not dismissed them then they are still your atty of record.