What are my Workmans Compensation Rights?

by Tanya
(Las Vegas, NV)

I was on a ladder at work doing carpet installation and was stretching and twisting. When I was coming down the ladder I felt instant and constant pain beginning and traveling down my right leg to the foot.

I was denied workers comp because it wasn't an "unforeseen" happening or accident. Also, the initiating doctor marked the diagnosis wrong, she wrote "lumbar radiculopathy and lower back strain, degenerative disc disease," and my back surgeon says it's "lumbar radiculitis" and he said I needed surgery.

What should I do? Should Nevada Workmans Comp cover for a Herniated Disc? Thanks.

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "What are my Workmans Compensation Rights?":

Tanya:

You have a right to go back to your employer and request another physician’s opinion and treatment.

If the Workmans Compensation representative is convinced your lower back pain is a result of the degenerative disk disease known as Lumbar Radiculopathy and not as a result of the trauma normally associated with a fall off a ladder, you will have a difficult time receiving a settlement of any substance.

In the alternative, if you can convince the Workmans Compensation representative the cause of your pain was Lumbar Radiculitis which can be caused by the nerves being either pinched, inflamed or irritated, and may be precipitated by trauma such as a fall off a ladder, you will at least have opened the door which hopefully will lead to a fair and appropriate settlement.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy