Torn Bicep Muscle in Dominant Hand...

by Ron
(Plainveiw, NY)

I'm 65 years of age. I tore my bicep muscle at work while I was reaching up and carrying files. The doctor suggests I shouldn't have an operation due to my age. So it appears I will be living with a huge bulge in my upper left arm with pain radiating to the top of my left shoulder.

Is there anything else I can do? I don't want to be living with a huge bulge and pain for the rest of my life. Are they obligated to do the surgery if I request it? Will workers comp give me compensation for the pain if they can't do the surgery and I have to live with it for the rest of my life? Thanks.

Visitor Question:
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ANSWER for "Torn Bicep Muscle in Dominant Hand...":

Ron (Plainview, NY):

You have a right to additional medical opinions, and they should be paid for by the workers compensation insurance company. Workers compensation has a duty to compensate you for a portion of your lost wages and medical bills. Unfortunately they aren't required to pay for future pain and suffering. Your last recourse would be to rely on your own private medical insurance to pay for a doctor to perform the surgery.

You can also consider retaining an attorney and suing the insurance company for "bad faith" dealing in refusing to pay for required surgery. If you're able to find an attorney to take your case you may be able to sue for your medical bills, out of pocket expenses, lost wages, pain and suffering, and "punitive" damages. Punitive damages are meant by the court to "punish" insurance companies for bad faith dealings in refusing to pay legitimate claims for medical assistance, but there must be convincing evidence.

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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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION