Bad back injury @ work.......HELP

[hurtinwisconsin]

Hello I'm from Milwaukee Wisconsin. I injusred my back while working in a nursing home on August 18th,2000. I have gone to the dr for the last 4 years and they keep telling me that i have to have surgery to fix the problem. I have a bulging disc at L5-S1 and it is ripped and the fluid is leaking onto my siatic nerve and causing nerve damage in my right leg. I have had 6 steroid injections one nerve root block discograms emg mri's you name it I've had it. I'm 26 years old and surgery is not an option for me. I have 2 kids and they want to do spinal fusion. My case has been going good thus far. Considering workmans comp is denying my claim. I had an accident and fell dow the stairs in july of 2000 due to my leg going numb while i was throwing a set of keys to my boyfriend. This was very early in the am about 1am or so on the 26th. Then on the 26th in the pm my boyfriend came home drunk and wanted to take my car. I would not let him and it escallated into him slamming my head into the wall and either punching or kicking me in the left leg.
workmans comp has been doing everything they can to get out of paying me or my bills. They went into public records and got the restraining order i put on this guy and are using it against me because of the dates being the same from when i fell down the stairs. I dont know what to do. It seems my lawyers are against me and all they said is that they hope a judge believes my story. I'm not lieing and I would not lie. It is just a freak thing that I had 2 traumas happen on the same day but at totally separate times. I dont know what to do. I'm scared they are going to really get away with mot paying for my medical bill. I was hurt before i fell down the stairs anyways and now they are saying I was not hurt till I fell down the stairs and claiming my boyfriend threw me or pushed me down them. Can they make such accusations and get away with it???? They are the ones now lieing. I guess I'm just comfused and looking for advice. This claim has been going on for 4 years now and I finally got a hearing date for june of 1004!!!!! But now all this stuff with the restraining order stuff. What can I do and what can I say to my attorneys? I feel like they are not on my side and that they feel i'm lieing also. They seem to not really care. Please help me.

Hurtinwisconsin

 

[Beth3]

Your attornies have absolutely no reason not to be on your side. #1 - the cannons of the legal profession REQUIRE them to aggressively represent your best interests and #2 - they are only compensated for their services if you receive compensation from the WC carrier. So on two fronts, they have no basis not to do their best for you.

The truth is, you have an extremely weak claim. It is considerably more likely that your injuries (which appear to be serious) were caused by your boyfriend beating you than anything that happened at work. There was nothing inappropriate about the WC carrier obtaining copies of any medical or public records that show what occurred in your home on 8/18/2002 that demonstrates the extent of the injuries you may have sustained as a result of your boyfriend's actions.

While you may have made your mind up that all your medical problems were caused by your job that day, medically and legally speaking, you are going to have a very difficult time supporting that that is the case.

All you can do is go to the hearing and let the State rule.

 

[hurtinwisconsin]

Reply back to beth....

I have documentation showing that my disc was bulging and ripped before my boyfriend even touched me. How could him smacking my head into the wall and punching or kicking me in the left leg have anything to do with my previous back injury?? My back imjury is all comtained to the right side of my back and my right leg. My leg often goes numb from nerve damage that was shown on an emg in june of 2000. It said I had 3% of damage to the nerves. Does this cahnge anything??

 

[Beth3]

Maybe. But all you can do is present all that medical documentation at the WC hearing and let the State rule. The judge may well rule that the employer/WC carrier is liable for some of your medial expenses and lost time but not all. The WC carrier wouldn't have denied the claim and stood firm with a hearing on the horizon if they didn't think they had a legitimate basis to do so.

It's likely the claim will be "compromised" (partial liability accepted) either by agreement between the parties just before the hearing (that often happens) or the judge will order a compromise settlement.