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  1. #1
    Join Date
    Jan 2007
    Posts
    3

    Unhappy Old work related injury

    Before I start I'd just like to mention that this site/forum is greatly informative and I am very glad I found it.

    I suffered a back injury in march of 2003 and my employer's insurance covered all of my care, surgery and perscriptions, so no problem there.
    After the surgery I went through physical therapy and my normal appointments to the surgeon and all was fine and I felt better. Ever since I went to be evaluated to go back to work my back has hurt almost daily to the degree that I am unable to be on my feet for longer than 20-30 minutes without severe pain and I am basically hunched over to the right side anytime I am standing. I now have sharp shooting pains down both legs again and am basically experiencing the exact same issues that I had after initially injuring my back.

    I am wondering what actions I can take if any to have this covered under the old employers workman's comp benefits and if it is still possible to file suit for my seemingly permanent injuries.

    I live in Mississippi and the injury occured while employed here. Thank you in advance for any help anyone can provide.

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Old work related injury

    Quote Quoting thrak1978
    View Post
    Before I start I'd just like to mention that this site/forum is greatly informative and I am very glad I found it.

    I suffered a back injury in march of 2003 and my employer's insurance covered all of my care, surgery and perscriptions, so no problem there.
    After the surgery I went through physical therapy and my normal appointments to the surgeon and all was fine and I felt better. Ever since I went to be evaluated to go back to work my back has hurt almost daily to the degree that I am unable to be on my feet for longer than 20-30 minutes without severe pain and I am basically hunched over to the right side anytime I am standing. I now have sharp shooting pains down both legs again and am basically experiencing the exact same issues that I had after initially injuring my back.

    I am wondering what actions I can take if any to have this covered under the old employers workman's comp benefits and if it is still possible to file suit for my seemingly permanent injuries.

    I live in Mississippi and the injury occured while employed here. Thank you in advance for any help anyone can provide.
    You've kind of danced around it. You were employed, but you don't specifically state that you were injured ON THE JOB. You say that your employer's insurance paid the bills, but is that the employer's health insurance, or the employer's WC insurance?

  3. #3
    Join Date
    Jan 2007
    Posts
    3

    Default Re: Old work related injury

    I was injured from lifting a car battery at work on the clock and the employer's workers comp insurance paid the bill.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Old work related injury

    You cannot file suit, period.

    The way workers comp works is a two sided coin. Your side of the coin is that you get your medical bills paid and, if applicable, something towards lost wages. The employer's side of the coin is that, except in extremely rare circumstances that do not apply here, they are immune from suit.

    Whether you can re-open your old claim depends on a number of factors you haven't indicated. However, you are free to discuss it with a workers comp attorney in your state.

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