Question What type of attorney to get? I know you have to specifically find someone who has done workmenscomp. But do you get a esquire attorney or someone else. What are you options? My husband is a truck driver for 9 years. He lifts a lot of freight on deliveries. Two months ago he hurt himself while working. He fell and reported to workmenscomp. This was two months ago. He went to one of their doctors ortho and he misdiagnosed the problem. My husband said his pain was worse than a charley horse in the back of his leg radiating down. Todate, he has had no relief They took a xray of leg showed nothing doctor suggests get a mri may be sciatica causing the problem. Meanwhile since he was misdiagnosed the first time workmenscomp wants a second opinion and if he say mri they will approve it. My husband doesn't want to go to another doctor because that is more time off from work no money coming in to pay bills doesn't want to stay home have to wait 3 months before you get a paycheck. He can hardly get out of the bed in the morning and when trying to get into the truck he has to crawl into it. What should he do? Should he make a lawsuit out of this? What about the second opinion. How long is it going to take before he even gets treatment?
Answer Ok sorry it took so long for me to reply. But i will try to help. First as for the attorney id worry about them after we get this going but you just need to look for a injury attorney, they will let you know if they handle work comp. Im sorry for your husband ive been a driver for almost 11 years and i know the pain he goes through to try and put food on the table.
Ok his injury you did not go into but i think it has to do with his back? and not his leg. If the pain i radiating down his leg the doctor may want to look at the spine the nerves there will send pain down his legs and feels like a major charlie horse. as for the second oppinion the work comp has the right to seek another opinion and it has to be done for them to cover his claim. He must do what the company wants within reason. For instance they cannot tell him he has to work if the doctor says he cant and that sort of thing. Second what you discribed, like getting out of bed and crawling in the truck sounds very familiar. I had a broken back that caused the same problems and was also missdiagnosed for over two months untill i took the case to my own family doctor. You can pick a doctor of your choice one time to take your case. I suggest your family doctor and he can refer you out to other professionals. Also here is the link to Utah labor laws and work comp rights.http://laborcommission.utah.gov/indacc/Pamphlets/workcomp/workcomp.htm
THis site will help alot. You are not paid for the first three days off work and then they start paying. But it is clear this problem will not go away and needs to be addressed. If the problem is spinal then he is looking at alot of pain and alot of doctors visits also he can be reimburst for travel expense to and from the doctors and hospitol. If the case is in Utah then you can drop me another message and i can give you a attorney but most times we do not have the right to sue the company we work for. Here is the bad news it could take months before his treatment starts. But he can speed it up by going to the doctor work comp sent him to and then requesting that his own doctor take the case. Most work med doctors seem to work for the company and not for the patients and you end up with a corupt doctor.
So get him to their doctor and if they say the claim is not valid take it to a attorney and file a claim with the labor commission. The process is slow but it is all we have and the future medical bills and expense of lost time at work make it our best shot.
For instance my work comp claim has paid more then 200,000 and climbing for medical and other expenses. That does not mean i got the money but with three surgeries in 5 years and more to come it is all adding up. So fight for your rights and dont lose the hand book work comp should have sent you it is worth its weight in gold at times. Also listen to doctor and if your husband feels that the job he is doing is hurting him more then he needs to tell the doctor he feels like he cant work. There is a chance the doctor will put him on light duty or on sick leave untill they find the problem.
