Q: Can I due my employer or workers compensation
In 2015 I was injured at work ..I usually have help to do some of my jobs ..After doing job on my own for 6 mths ..Ladder had slipped out ..I fell cause herinated disc ..After dealing with workers compensation for 8 mths I decided to use personal insurance to seak medical help will still working at same job as injury I was harassed by supervisor I was worthless I left that job so getting a doctor ..They said I need to have surgery ..After 6-8 mth recovery ..I started Manny jobs .?Still not able to perform my duties ....My wife ask me to relax after getting enough to see another doc I was under care for he wanted to do a disc fusion that was on Nov 2016 after getting a second opinion ..He said same had disc fusion on March 6 2017 ..Tried temp disability ..But since my job of injury I worked for 15 didn't pay ss in ..So do I have any case thank u
A: If I'm understanding you correctly, you were using Texas workers' compensation and then decided to begin using your private health insurance. And, under your private health insurance you had a disc fusion on 03/06/17. It will be difficult to pursue this under workers' compensation at this point. If your doctor that did the surgery preauthorized the surgery through workers compensation, you could claim disability through workers compensation, but it doesn't sound like this occurred. I'm also assuming that the WC Carrier likely denied the disc injury to your back. You would have to prove the disc injury was work related through a workers' compensation hearing. If you have short term disability, you may be able to get paid through that while you recover. The correct way would have been to challenge the Workers compensation Carrier to prove up your low back disc injury and then get it preauthorized for surgery through a wc approved doctor and then you would get paid. It sounds like you have chosen to opt out of the workers' compensation system to me. If the Carrier did deny your low back claim, you could still try to fight it through the workers' compensation system, but it will be an uphill battle. Bottom line, you are down but not out.
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