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Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!! - Printable Version

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RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!! - 1171 - 05-12-2012

FYI
if you file a case against the cleaning company, workers comp will be entitled to a 3rd party reimbursement for their comp costs out of any settlement.


RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!! - bronco54501 - 05-12-2012

But with you filing against the cleaning lady, you will be able to collect for pain and suffering as with wc you cant..


RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!! - brandnew23 - 05-12-2012

@ 1171- really? I didn't know that cause it doesn't make any sense since it would have nothing to do with them paying me from my employer. This whole thing is a mess and I appreciate you sharing that info with me cause I had no idea.

& bronco- yes we will be suing for pain and suffering cause she was also at fault for not putting out the signs.


RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!! - AQA - 05-12-2012

1171 is correct and it does make sence. Why should the IC not be able to recuope their monies spent if the injury was the result of a third party????




RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!! - brandnew23 - 05-12-2012

Idk I mean I guess I'm looking at it from a stand point I'm the victim and they wanna take more money from me? Doesn't make sense why they would get paid back if it was both faults. They should take the dispute up with eachother not take it from what I would get.


RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!! - 1171 - 05-13-2012

Legally it's not "both faults" as workers comp is no fault insurance; it is not subject to negligence laws.
the comp carrier/employer has subrogation rights whenever there is another negligent party--you would not be permitted to recover twice for the same injury.

you may not like it but that is the reasoning.


RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!! - 2tired2care - 07-25-2015

(05-12-2012, 11:46 AM)Bummer Knees Wrote: brandnew 23 I pray the epidural works for you.  I had an ESI last month and did receive some relief, with the back but not the leg/nerve pain.

Mostly they are done in sets of 3 injections given as often as 2 weeks apart. The doctor explained to me if the first injections works, there is no need for a 2nd injection.  If the 1st injection dosen't work then a 2nd one will be give and same with the 3rd injection.

My injection was given at L4/5, I had lot of cramping of the muscles across the low back at the time of the injection.  The doctor said that was a good sign as he was able to get close to the nerve with the injection and the cramping was due to the inflammation.

I was 32 when I injured my back first time hurniated ,L4L5S1  wc told  me I pulled my back whent to pt didnt work there doctor wouldnt approve second appinion so called lawyer he told me to get second opinion so I did had MRI|CT and showed the herniated disk whent to other docs that wc made me see all lied said there was nothing there finally my doc asked fro disc o gram they said that the only way they would aprove was if there doctor did it I agreed the day of my disco gram 1 hour after I got home my lawyer called said that there docor said I needed surgery asap  was scheduled with my doctor within the week. Had no problem after surgery in 1997 was back to work in six months unloading trailer did that for 15 years so surgery can be a good thing just remember the secon or third oppinion if you feel the need. Goodluck hope all works out for you'


RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!! - 1171 - 01-11-2016

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