I was injured at work. I deliver mail and while I was leaning over to grab a bundle the hatch fell on me, injuring my head, neck, back and arm. I went to the emergency room where I received staples in my head, that was on a Saturday. Monday I was back at the doctor’s office for my neck, arm and upper back.
I do have a workmans comp claim open but they only included my head and neck, not my arm or upper back problems. I’ve submitted a lot of medical reports and I even went to their doctor (my doctor has also submitted a narrative report).
I need surgery but their doctor has cancelled 3 times because the lady managing my case says it’s not a priority. I’ve left several messages for a supervisor to no avail. I’ve also talked to my manager and our workman comp office, all gave the reply that it’s not my decision.
I could not comb my hair for 2 months. I’ve been injected with so many steroids, I’ve tried therapy and trough all of this I still went to work. I don’t know what to do. Do you have any ideas for what I should do?
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 Medinna,
There are times when injured employees are able to work out their own Workmans Compensation Claims in a civilized and non-litigous environment. Then there are times when they aren’t. Normally the breakdown in communication can be as a result of several issues. They can be anything from a Claims Adjuster’s workload, illness of either of the participants, and most often, the time and effort expended in the investigation of the claim.
As long as you reported your claim within the 90 day requisite period you don’t have to worry about the claim expiring. The problem in your case appears to be the apparent apathy of the Claims Adjuster assigned to your case.
Waiting for others to make decisions which have the potential to seriously impact one’s life can be very frustrating. For you this is a serious and painful work injury. To some Adjusters this might be just another bunch of paperwork in just another of their cases.
Sometimes calling and applying pressure on Claims Adjusters results in the opposite effect. Not all Claims Adjusters are like that. There are some though, who have little empathy for those injured on their watch.
The roadblocks placed before you are not of your doing. You have obviously attempted to follow the correct procedures. Those procedures are just not working for you; at least not the way you think they should.
As a result we suggest it may be time to seek the counsel and advice of a Personal Injury-Workmans Compensation Attorney. You can be sure the Claims Adjuster will not ignore an attorney’s communications. The last thing the insurance company wants is to be sued.
Most of these skilled attorneys will not charge you for an initial consultation in their office. Don’t be offended if they will not consult over the telephone. You should realize if they did they would spend all day on the phone giving away what would result in free advice.
Make an appointment with several of them. You have nothing to lose and everything to gain by sitting down and explaining to them all you know about your claim.
Learn more here: Federal Workers' Comp Claims
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 888-972-0892.
We wish you the best with your claim,
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