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workmans comp does anyone have a clue?

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J

johnlw

Guest
i have had 2 major back surgeries since my injury occured back in june 1998. my first surgery was july 99 my second was may 2000. the first surgery was to remove ruptured discs in L4 &L5 and s1 with cages and bone grafting wich did not help.
my 2nd surgery was done using rods and pedical screws and then fused and yet today i am now seeing a pain specialist and counselor for depression. i have not had any problem with the companys work comp in paying medical bills. but now that i am ready to settle with them on my claim they are dragging their feet but in the meantime i am going to begin having financial problems. i have also filed for disability insurance and if any of you out there are experiencing the same problems dealing with that i can sympathize with you. but again my question still remains on the work comp once i have proposed a settlement with them is there a certain limit of time they have to respond to it and if so what is it? also if i have to begin some kind of treatment or surgery to remedy the pain and stress is it my right to do so untell they settle with me at their expense?
the state i am in is kansas can anyone please respond. "thanks"

[Edited by johnlw on 07-08-2001 at 10:55 AM]
 


B

buddy2bear

Guest
Do you have a workers' comp lawyer?

Usually, I think and have had experience with some family members, that when a person applies to Social Security for a disability, while they are on workers' comp., then the workers' comp. insurance company's processes come to a halt and it stands by and waits until Social Security makes up its mind whether you are disabled. That way, your workers' comp. insurance company doesn't have to shell out any more money. If you are found to be disabled and eligible for disability social security, the workers' comp. insurance company will be reimbursed from your social security award for any money they put out. It is confusing and complicated for an average person and that is why you should have a workers' comp. attorney handle it. It would be easier if you had ended your workers' comp. situation, gone back to work if possible, and then a few months later, applied to Social Security for a disability because you were unable to work.

Also, I have never heard of anyone being awarded a disability from Social Security on the first try, sometimes not even a second. Most of the time, you will end up in front of an administrative law judge who will make the decision. Basically, I think it is a deliberate process to deny the first application in the hopes that the person will "go away" for a couple of more years, or, to be hard-hearted, die, thereby saving SS money.



[Edited by buddy2bear on 07-08-2001 at 09:25 AM]
 

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