Visitor Question

Compensation for Slip and Fall Resulting in Herniated Disc?

Submitted By: Marie (Rockford, OH, USA)

Back in January or February 2011 I fell on a patch of ice on my school campus walking to class. The majority of the other walkways and sidewalks had been salted for the ice to melt, but the bigger part of the walkways which is where a lot of students proceeded to class was not salted.

I fell and recently (a few months later) I’m dealing with severe back pain which I’m certain is due to a herniated disc from the fall. The school provided free chiropractic care, however chiropractic care is not a proper treatment for a herniated disc. It has also been 6 months since the accident.

Is there still room to request compensation? Is there something I can do to the school to receive compensation or at minimum assistance to get my back checked out properly?

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 Marie,

It’s never too late to request medical assistance from your school. In the unfortunate event you have to take legal action you are still within the 2 year Statute of Limitations period.

The Statute of Limitations period is a legal term for the time period the law allows a person in the State of Ohio to either settle a case, or to file a lawsuit.

The last thing any person should do is take legal action against another person or entity. There are usually several avenues to pursue before having to file suit. This can include negotiating a settlement directly with the school’s insurance company.

It would certainly be in your best interest to seek medical advice. Because your back is causing you pain and discomfort we suggest you seek the medical advice of an orthopedic surgeon.

If your diagnosis includes a ruptured or herniated disk contact the same school administrator who previously authorized chiropractic care. Give her a copy of the diagnosis and ask her to authorize treatment, including, but not limited to, surgery.

If you require treatment and the school will not agree to pay for it you have a couple of options…

First – Make a formal written demand, accompanied by your diagnosis. Attach any report made previously when you were first injured. Also attach the chiropractor’s diagnosis and record of treatment, along with any other proof of your injury.

Second – If the school refuses to authorize treatment, including, but not limited to surgery you can hire an Attorney to take legal action.

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: August 14, 2011

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *