Visitor Question

Back Injury and Workers Compensation…

Submitted By: Tracie (Terry, MS, USA)

I was injured on the job in 2008. I was on worker’s comp immediately afterwards. I had two surgeries which didn’t fix my problem because I am still having pain in my spine and lower back. The doctor that I went to recently said I am still under worker’s comp and I need a referral before they can do anything to treat me. I had ulnar surgeries for nothing.

Can I file another lawsuit after I got a settlement if the original doctors didn’t fix the main problem?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tracie,

Tracie:

The answer is no. You should make every effort possible to seek treatment for your injury. Going back to your employer to choose another physician is something you should do, until such time as you and the physicians have determined they have done all they can medically to help you.

If your pain remains after all medical assistance has been exhausted, the Workmans Compensation Board should take that into account when making a settlement offer.

The law is reasonably clear on such matters. If your employer has Workmans Compensation insurance and you are a covered employee, you must follow the regulations set out by the Workmans Compensation Board.

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

Best of luck,

Published: June 3, 2011

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