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Can anyone answer a question? Just injured
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05-20-2008, 12:46 AM
Post: #1
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Can anyone answer a question? Just injured
I'm just wondering if anyone can help me? I was injured at work, hurt my back. I have Fibromyalgia but it hasn't been a problem for several years until this injury, also found out from the x-rays that I have degenerative discs that also haven't caused any problems and I didn't know about until injury. Will workmans comp consider those things preexisting conditions and deny my claim? Or because I've been at my job for almost 3 years will they realize that those things weren't causing any disability and pay the claim and my Drs bills? Does anyone have any ideas, experience like this or advice? Thank You
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05-20-2008, 06:16 AM
Post: #2
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RE: Can anyone answer a question? Just injured
just my luck
As far as your back - they may try and deny it because of pre-existing condition. You can argue that you had no problem and no history of problems with that and possibly get treatment for that. I have slightly bulging disks and DDD from a back injury - and I was able to get treatment - even if it was just PT - sorry I had one of the IC from heck to deal with. As far as the fms - I don't know if they will pay for treatment on that or not - depends on if you are on a maintenance program to keep the fms pain down. If your not and the pain is new after so many years then they may, but it also may be a fight. I ended up with FMS from my initial injury and was just dx'd after 6 yrs in pain. |
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05-20-2008, 08:44 AM
Post: #3
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RE: Can anyone answer a question? Just injured
Welcome justmyluck to the forum,
>>> My wife has fibro also and that in itself is bad without a work injury is very hard on her. I wish you luck in your comp case. Nothing changes when nothing changes |
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05-20-2008, 10:11 AM
Post: #4
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RE: Can anyone answer a question? Just injured
Hi and Welcome to the Boards! What You are Saying May Occur, and if they do, You May have to Retain an Attorney that deals in w/c. but I would wait to See what they have to Tell You first, Some, but not Many i/c's are and can be Pretty Fair! Best of Luck, and Please keep Us Informed!!
Failed Back Surgery, Chronic Pain, Totally Disabled. Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!! |
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05-20-2008, 10:13 AM
Post: #5
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RE: Can anyone answer a question? Just injured
an aggravation of a pre-existing condition is considered a new injury.
that is a determination that needs to be supported by medical opinion and evidence. whether it'll be covered or not will be up to the doctors and if there is a dispute - decided by the work comp board. It cannot be predicted ahead of time what the doctors will write. |
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05-20-2008, 12:15 PM
Post: #6
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Hi....and welcome to the not so wonderful world of Workmans Comp!! It tends to be tiring...at best sometimes but can also go very smoothly if you pay attention to what's going on and keep up on everything. I found that knowing what the possibilities were and learning about the WC system in my state along with knowing my body and keeping track of even the littlest detail of pain or swelling or anything like that. Doing those things, I believe, helped my case go a little smoother at times because I was able to educated myself. And....when things got a little sticky and weren't going as I thought they should I scoured the area and retained legal representation. Most decent attorneys will tell you that you don't need to hire them until you can't handle it anymore and/or you feel you're being wronged.
As far as your injuries...the DDD will probably be treated fairly conservatively, and the FMS as well since they are considered pre-existing. Now, if there is ANY other injury such as herniated/bulging (they are the same) disc(s) or such then they are pretty much obligated to take care of the problem/injury. That being said...they will do whatever it is they decide and nothing more. That doesn't mean that if they allow certain treatments and they don't work that they have to or will allow something new or different to be done. As long as they provide "REASONABLE" treatment then they are doing as the law and/or regulations require them. That's it. It sometimes takes an act of congress to get even that, but as long as they provide reasonable treatment then that's it. They don't have to "fix" you....as I, and many others, have found out. Good luck and feel free to pop on and ask questions, tell a funny or rant/rave....someone is always here to offer up their opinion, that's what we do best!! Remember: educated yourself as best as you can, take care of yourself and always....ALWAYS follow Dr.'s orders!!! Punk  :0) "If I were any better....I'd only be half as good as you!!" |
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05-20-2008, 12:31 PM
Post: #7
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RE: Can anyone answer a question? Just injured
becarefull my pain dr. wrote me off a having ddd preexisting then gave me a rating max mmi,0 ppi then wc would no let me get my surgery because they say its preexsisting and would not pay for anything on out thanks to the pain dr.so becarefull and find out everything the dr.s say and rite down.
Each day is not a rite,it's a given. |
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05-20-2008, 09:39 PM
Post: #8
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RE: Can anyone answer a question? Just injured
Start a log book and write everything doen. start with where, when how injury happened. Who you told and if anyone was there when you were hurt there name
May God send his angels to hold you in his arms |
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05-20-2008, 09:46 PM
Post: #9
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RE: Can anyone answer a question? Just injured
Start a log book and write everything down. Start with where, when, how injury happened. Who you told and if anyone was there when you were hurt there name. Every time you talk to someone write it down also keep a log as to pain level, swelling, color change and anything else that hurts. With it being your back is there pain in your legs? Has there been any change in bowel habits. If you can see where I am going, write it all down. This could be a very long slow road and it is easier to check your notes than trying to remember. Watch what you tell caseworker as they are not your friend they look for any way to end your claim and at the least amount of pay out, remember they work for the insurance company not you. Good luck and come back often and welcome to our wc family of friends.
May God send his angels to hold you in his arms |
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05-22-2008, 09:54 AM
Post: #10
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RE: Can anyone answer a question? Just injured
Thank you all so much for the advice and encouragement. I wish I had come here two weeks ago when it first happened but I will put in place all the great helpful suggestions. I'm not quiet so worried about it now. I will let everyone know how it goes so we can all learn from each others experiences. Thank you for being here and God bless.
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