Workmans Compensation Back Injury...

by Karen
(Buckhannon, WV)

I had a workmans compensation back injury on November 10, 2010. I went to the emergency room and a physical exam was preformed. I was told it was a common back strain, given pain pills, told to take 2 days off and go back to work.

I went back a week later because I was getting worse and was referred to a local doctor. Workers compensation paid for the medical bills. I continued to work my 30 hour work week as the pain pills helped to relieve some of the pain and I honestly thought my activities would help work the pain I was feeling out of my back.

I am a lumber cashier in a big box store. I was also afraid of being fired or getting my hours reduced which I could ill afford. I am 61. The pain got progressively worse. When I got home I would collapse.

I had an MRI and it shows a slippage and bulging disk on my right side. I participated in physical therapy which has not helped. I have left work 3 times due to pain, fearing for my job but I just could not do it anymore that day.

My doctor wanted to send me to a spine specialist. In the meantime workers comp sent me to their doctor for an evaluation. He did a physical exam. I told him all that had happened. I was honest. The workers comp company sent me his evaluation saying he said I was 5% disabled.

He left out much of what I told him. Then I got a check which I haven't cashed. They want me to send a letter if I am denying it. I do not know how to write the letter. I need medical attention and would like to follow through with the specialist my doctor has recommended.

It is getting worse and I am very afraid. I am looking for a lawyer as suggested by my doctor. He has written a letter to the workers compensation company. In the meantime I have to write the letter but just do not know what to say. Can you make any suggestions? 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 "Workmans Compensation Back Injury...":

Karen:


The following letter may help:

--------------------------------------------------------------

March 21, 2011
CERTIFIED RRR#__________
Workers Compensation Board
State of West Virginia

Re: Karen__________________

Workers Compensation Claim Number:
Date of Injury: November 10th, 2010
Date of Birth:
Social Security No.:

Dear Sir/Madam:

My name is Karen ______________. I currently reside at _____________.

On November 10th, 2010 while working at__________________ I seriously injured my back. Since that time the intermittent pain has been debilitating. The Workers Compensation Board’s referring physician estimated my disability from the work injury at 5%. In his Medical Narrative he omitted much of the information surrounding the injury.

Since that time I have continued to se Dr.___________. He is my physician and wants to refer me to a spine specialist. I remain in serious pain and as a result, am quite limited in my ability to work.

I would respectfully request you re-evaluate my claim to determine a much higher percentage of disability.

Yours truly,

Karen ________________

-------------------------------------------------------------


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