Workers comp stopped paying benefits...

by Jeremy
(Texas)

I was hurt on the job on July 13, 2010. I tore a disc in my lower back. Workers comp benefits were good for the first few months but now I can't seem to get in touch with anyone.

I haven't been to, or even spoken with a doctor since December. It's like they don't even care anymore. I haven't had any pain medication since December and I hurt severely everyday. I feel like I'm being neglected. What should I do?

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 "Workers comp stopped paying benefits...":

Jeremy (Texas):

Call your company’s Workmans Compensation insurance representative. Explain to her you are still in pain and require additional treatment.

The communication problems you have been experiencing may be directly related a doctor’s decision to clear you for work, or a determination that your treatment has optimized.

The pain medication you are referring to seems like a prescription medication. Otherwise you might avail yourself of the over the counter pain medicine. Because prescription medications are notoriously addictive, the doctors may have also determined it wouldn't be best for you to continue taking them.

From the facts you present it's difficult to tell if you are still working for the company. If you are working it should be at a diminished capacity. If you are not working you might consider applying for federal Social Security Disability payments. Applying is relatively easy and you'd normally be eligible to receive payments, sometimes within a week of your application.

Call your local Social Security Office. While it's possible to access information about the benefits which are available online, you will have to apply in person. As part of the application process you will have to endure at least one, if not more, interviews. The sooner you apply, the sooner you will begin to receive your payments.

If for any reason your are successful in convincing the Workers Compensation representative to resume your payments, you'll have to report the new found income to the Social Security office. Doing so may affect the amount of Social Security disability benefits you receive.

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