Workers comp case... should I get a lawyer?

[Justin C]

I hurt my back at work, I'm a nurse. I know I'm not supposed to diagnose myself but I've been working in the field forever. I was diagnosed with a lumber strain and sciatica by my doc. I feel that I could have disk issue just from experience. My doctor is telling me to speak with a lawyer. My work is harassing me because they have no one to fill my shift and they obviously don't want to pay for workers comp. My doc is requesting an MRI but the insurance company said it's too soon and they are denying it.

Do I need to get a laywer? I'm not the sue happy type. I got hurt, the only thing I want is to get my back better and go back to work. I'm in pain but I'm also a workaholic. I can't stand being home.

Also, I know from experience that MRI's do not always show everything and the results get translated by the doc. If it doesn't show any specific damage, and I got a lawyer would my case be thrown out? What would my next steps be? It's clear I have pain and my doc believes me, but what would I do then?

How would I be able to prove I am most def. injured if the case went to court?

 

[Tracey Seth]

I used to work for a personal injury attorney who specialized in worker's comp claims and social security law.

Yes, get an attorney. Just because you have one, does not mean you are "sue happy." In fact, during my time working with that firm, none of the worker's comp clients we represented had cases ever go to trial. However, they do navigate the legal BS that surrounds the workers comp cases and just by their involvement, they can stop a lot of the insurance companies crap that prevents you from getting tests like an MRI in a timely manner.

Your medical records will prove that you are injured. And every single one will be requested by your attorney. He/she will compile the information and make your case to your workers comp commission ( or whatever appeals entity you have in your state) .

Many of our clients had issues of chronic pain and they just could not emotionally or mentally deal with the workers comp insurance representatives. Workers comp law can be extremely complicated and insurers are very good at knowing how to keep claimants from getting the treatment they are entitled to. They can also keep employers from unduly harrassing injured workers and firing them.

Definetely talk to an attorney, in any case. And do compare them. While I liked working that part of the law, I would not have recommended my boss to anyone. He wasn't very proactive and other attorneys were better, so do shop around. Also, his fees were paid by workers comp, so it didn't come out of our clients pockets.