Visitor Question

Workmans Compensation Back Injury Case…

Submitted By: Linda (Canadensis, PA, USA)

I re-injured my back lifting items, it’s my second surgery in less then a year. The 1st was not work related but this time there was a specific incident, the workmans comp person at work said they may deny it since I had a previous injury.

I asked him at what point should I consult a lawyer and he told me it’s hard to find a lawyer that will take my case because I work for the government and also they will charge me up front win or loose, is this true?

Also, after my 1st surgery my surgeon initially wrote a note suggesting I stay on a light duty position because I would be high risk for re-injury. My work management sent out a letter wanting more information and then the surgeon released me back to full duty without even seeing me first.

Do I have any kind of case against them being that I did re-injure the same area as the first surgery? Thanks for any advice you can give.

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 Linda,

Linda:

Although an Attorney in the State of Pennsylvania has the right to charge a prospective client for a consultation, in the normal course of business most Personal Injury Attorneys do not charge in advance.

Regrettably it is true having a pre-existing injury can adversely affect your chances of recovery for a secondary injury. It is also true most Attorneys will hesitate before accepting such a case.

Because your physician released you back on full duty you would be hard pressed to have a cause of action against your employer. If there was any cause of action it might be against your physician for releasing you too early.

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: May 13, 2011

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