Q: Can I sue worker compensation for the two years of lost pay, they had me wait before agreeing to pay for the care needed
Long story short at work I ended up with carpal tunnel in both wrists. Got to the point where I was waking up at night in tears do to the pain. I at first tried to use my own personal doctor but my work did like the way it looked with braces on both arms and required me to go through Workman compensation.( this was so I would miss enough time to terminatee me, which they did but that is a different story) while trying to just get the care I needed workmen's comp had me go to doctors and therapist some of which were 100+ miles for were I lived. After they denied my clam. So I ended up getting a attorney and appealed when to more doctors and did more tests finally a doctor did the surgery on one hand. He was all set to do the other hand date was set and a week before I got two letters one with a settlement for the one hand and a denial for the surgery on the other. Meanwhile I can't get a job or they revoke what id be getting for the one hand on settlement. What kind of lawyer do I need?
A: YOU HAVE a Workers Comp attorney, THAT is who should be (1) answering these issues and (2) rushing to an appeal of the denial of the surgery on the other hand. The Termination will probably stop the workers comp judge from awarding you any Temporary Disability prior to the surgery date. If the treating physician wrote you can work but you need restricted duty, the comp insurer does NOT have to pay you any Temporary Disability because you could work at your job had you not been terminated. It was a very unfortunate choice to use your personal physician and let the situation progress to termination before (1) filing a workers comp claim and (2) hiring an attorney, but the damage is done now. ADVISE EVERYONE YOU KNOW: FILE THE CLAIM FORM AND USE WORKERS COMP PHYSICIANS so if the boss fires you for following the workers comp physician orders, you've got a 132a violation and a workers comp judge can order the employer reinstate you. Using personal doctors is wrong because your personal insurance does not cover work injuries so all of the billing will state you told the doctor the problem was NOT work related (or the doctor doesn't get paid).
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