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I think I screwed up totally, Now what to do?? In Tennessee
#1
Hi there,

Im in Tennessee

Its been quite some time since I have posted in here regarding my case.
I have had an Attorney for 2 years andstill didn't get the treatment I needed and now my case has been settled and I have just abut lost the entire use of my Right Hand,Arm and Elbow so I guess I am screwed now.

My Attorney sent me to there Work comp Dr because my original Dr wouldn't do anything without demanding money when asked for Causation letters and the AIG ins company wouldn't approve for any medical treatment, I wastold by the Attorneys Dr that I need surgery for Trigger Finger and the problem migratedinto my Elbow and Arm because of the lack of treatment.

Anyway, long story short...

I went to my hearing and it had already been 2 years with no treatment and nothing but pain and a swollen arm,hand,elbow etc. A few days before my hearing the Attorney's office called me to tell me that my original Attorney no longer worked there and they gave me a new one fresh out of law school. Well we went to the hearing and went back and forth with numbers to try to settle and my "New" Attorney told me if it went over another year that I wouldn't get anything out of because of the type of injury so I would be better off settling with a small amount of money and going to my own private Dr for treatment etc. They offered me Medical for life but refused to give me a new panel of Dr and the *** Ins company would never allow me any treatment, MRI's, Surgery nothing and so i decided not to go that route because I need treatment asap now. Anyway, I settled in April for a little bit of nothing and now I am starting to literally lose the use of my hand,Arm etc. I now have triggering in my Right Thumb locking, Ring finger and my hand is swollen not too mention all the pain I am in from my fingers to my elbow and I am right handed. Now that I have settled, I can no longer sue or file a suit against the company were I was injured? Did I screw myself? I don't know what to do, I have an appt with an Orthopedic Dr on the 26th so that I can get treatment. I was told that since I settled it that I can now go through my own medical insurance as if I was never injured on a job.
Thanks
~Tizz~
 
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#2
once you have settled out your claim the employer has no more liability.
whether your health insurance will pick up the treatment costs now is unknown; many won't cover workers comp injuries.
review your settlement papers and it should say if there are any exceptions.

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Did you settle with no future medical from the IC? No MSA? No Medical for life?

IF you did, someone had to say you did not need future treatment for your Injury. It is against the law to settle when known future medical will be needed.

Something smells about this or someone could be in big trouble.
 
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#4
I guess I don't quite understand. You say they offered Medical for Life, but they wouldn't provide you with a panel physician or approve any medical treatment. That's a bit contradictory. They either agreed to medical or they didn't. They can't offer you lifetime medical treatment, then not authorize a provider.

You may want to go over this with your attorney again, and perhaps ask that a senior member of the firm review it and discuss it with you.
DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#5
I would request the state look into your case, in KS it's an ombudsman, look into it in your state to make sure you weren't screwed over. I wouldn't go back to your old law firm, I think they did a number on you, they toss you someone new. That in my book calls for a delay to ensure that you're protected 100%.

Just my opinion,
Bodybuilder1958

 
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#6
Well I settled my case in April 2011 because I got tired of being jerked around even with an Attorney. They offered me Medical treatment but I didn't take it because they would not give me a new panel of Dr's and I was not getting the treatment I needed. The insurance comapny only allowed 1 MRI of my Right Hand and would never approve any MRI's for my Right Elbow so I was not being treated and was losing the use of my Right hand and Arm. The work comp Dr I had been going to said he wouldn't operate on my Trigger Finger problem. After doing research on the net about my condition and symptoms, I told my Dr that I thought I may have EPICONDYLITIS and he said no you don't...... I have all the symptoms.

Anyway since closing my work comp case I have been seeing an Orthopedic Dr under my own medical insurance and finally got an MRI of my Right Elbow and now I have to have surgery because I do infact have EPICONDYLITIS like I tried telling the work comp Dr. It is caused from Repetative use but was told that my condition was not by the Ins company and work comp Dr. So treatment was denied for 2 yrs. Now im in pain 24/7 and have swelling and have almost lost the use of my right arm/hand because my Elbow is locked in a bent position. I will be having surgery very soon for Trigger Finger in my Right Thumb and Ring Finger and also for the EPICONDYLITIS in my Elbow.

So, Im checking into a possible malpractice suit againt the Workmans Comp Dr and Ins company. Any thoughts on this?

Thanks




~Tizz~
 
Reply
#7
they are expensive to do so you best check with attys specializing in malpractice; it could be difficult to find one willing to do it.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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