Being low balled due to pre-existing back problems, is this fair?

by Lynne
(Jefferson City, Missouri)

I'm in the middle of a workers comp claim where I fell on the job and injured my back. I have a pre-existing back condition, which I disclosed, and I have two doctors who state that the injury is new and due to the fall. I've stated that all of the symptoms and limitations are resulting from the injury, but I've been made to feel like I'm the villain.

The carrier has denied to pay for any treatment for the past year and a half, leaving me in a lot of pain and searching for treatment that I've paid for out-of-pocket, which is very expensive.

I was led to believe I would be reimbursed for my cost, but the sad offer that's been made to me doesn't cover all my expenses and provide for future expenses since they say they won't pay for ongoing medical expenses. Should I continue to fight to get more than $5,250 and if so, any words of wisdom? Thanks for any info.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Being low balled due to pre-existing back problems, is this fair?":

Lynne (Jefferson City, Missouri):

Without being able to review your medical history, along with correspondence between you and the insurance company, it is difficult to know exactly where you stand vis-a-vis appropriate coverage.

If you are convinced the workers' compensation insurance company is wrongfully denying your claim, or at a minimum, refusing to pay for the treatment you require, you'll need to contact a personal injury attorney whose practice is concentrated in workers' compensation.

There should be many such attorneys in your area. Review their experience and choose several to meet with. Then gather your records, and make appointments to see at least three of them. Fortunately, almost all personal injury/workers' comp attorneys do not charge for initial office consultations.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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