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I am so confused about work comp case and attorney.

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Old 01-24-2015, 10:31 AM   #1
dawneve
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Default I am so confused about work comp case and attorney.

Going on 3 years now, since a horrible fall. I went to er 4 times with horrible cervical pain, and could not talk without slurring, had all the concussion symptoms, but er did not check me for concussion, and I did not know why I could not function or read or anything. could not do anything for months, shoulder froze, etc. mayo diagnosed me with pcs 13 months later... Work comp denied me, so I hired an attorney...3 years, and he did nothing until now...now he says he will only claim my neck injury, and not mention the post concussive, because he might lose the case?? I still do not understand why he can not tell the truth? and why did I not get work comp payments yet? and why did I not get a qrc appointed? I hav been very out of commission, and not able to defend myself until now. I feel neglected. What can I do?? When you hire an attoerney, do you have to keep him? I tried to get a second opinion, but they say you have to talk to your attorney, When I do try, I do not get answers that help me. Please, any info is appreciated.
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Old 01-24-2015, 12:09 PM   #2
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Different states have differing rules, if you tell what state you are in it might be helpful for best replies..

I think you already have an atty , then other atty cannot give you any advice or help.
There is usually a way to change attys. I probably should have changed mine I think he was a bit lazy and unorganized..

for info on how to change attys see your state website workers comp section..
There might even be a ombudsman link/contact that can be of help with more info..

Much of a wc claims/case is proving that the injury happened 1- on the job, and 2- any ongoing pain /symptoms are the result of the injury.

Do you have a doctor of your own that you are seeing for this injury?
Don't depend of the wc drs to give you the best care or the best reports...

Often making a time line is a good idea esp if you decide to change attys..
sometime you need to put some pressure on the one you have e. mine would only reply to faxes, never calls... I didn't email him it was 10 yrs ago..
But I think the fax got replies because it was in writing and he knew I had a copy of it....... where phone messages got lost or tossed...
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Old 01-25-2015, 07:33 PM   #3
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Thank you for this info...I am in Minnesota. I will take this advice. I am very bummed that my atty does not want to tell them I have pcs, I have been suffering with it for nearly 3 yrs. I feel the truthshould be told. He says because i didn't hit my head, can't prove it.
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Old 01-27-2015, 04:22 PM   #4
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Quote:
Originally Posted by dawneve View Post
Thank you for this info...I am in Minnesota. I will take this advice. I am very bummed that my atty does not want to tell them I have pcs, I have been suffering with it for nearly 3 yrs. I feel the truthshould be told. He says because i didn't hit my head, can't prove it.
WC does differ from state to state, so it might be different in your state, but in CA it isn't up to your attorney to make the claim, it's up to your Primary Treating Physician. If there isn't medical evidence, his hands may be tied.
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Old 02-02-2015, 08:51 PM   #5
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I hate to say this, but I would be looking at malpractice, if you truly had signs of a concussion right after your injury. However, 3 years is a long, long time . . . . and you may have already passed the statute of limitations.
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Old 02-23-2015, 02:00 PM   #6
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they are all so right.it all depends on all the things(factors they stated).the laws differ from state to state,lawyers,your age the extent of your injury,etc.my injury was like yours.it was my neck and my shoulder and how it effect my job,which is constuction.thats what i do and my education level and my age.plus it was my company fault why i got hurt.it was a job iwas not suppose to do but they had me do it anyway.when "Ocsha"investigated they ,they went right thru the "ROOF"it was all they company fault.but like all the poster said here.it depends on a lot of factors.your state laws,lawyers,your age,etc
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Old 02-24-2015, 09:07 AM   #7
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awesome
smart going
anything
any tiny insignificant to you
could be the ice breaker
keeping a log a must
names of anyone you speak to time and date
the work isn't that hard
and it will work in YOUR FAVOR
i started in a old school
i learned a valuable lesson what not to do

valuable information
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Old 02-24-2015, 07:21 PM   #8
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Thank you so much!
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Old 04-22-2015, 08:11 AM   #9
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yes, your period might have expired ... three years is normally the statue of limitations, but there i more time for medical errors i think. Check with attorney, do your own research because its a hot and miss too with attorneys.
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