Should I sue for a repetitive motion injury?

[krye]

What is the name of your state (only U.S. law)? NM

Sorry this is so long, I just want to give as much detail as I can.

I worked for a company for almost 6 years and developed tendinitis from my fingers to my shoulders, and bi-lateral epicondylitis due to repetitive motion from constant typing. They sent me to a clinic that handles work injuries, and from there I was referred to a rehab dr, physical therapy, and a hand specialist. I was put on light duty and was allowed to work a 1/2 hour on, 1/2 hour off, and I was fired for B.S. a few months later. I had a functional capacity evaluation done (final visit to P/T) and I have a 10 pound weight limit. My arm specialist discharged me immediately since I didn't want surgery because I spoke with some people at P/T who had the surgery done and they said the pain is gone, but they all ended up with less range of motion and more weakness. After the arm specialist discharged me, the rehab dr did also. I can't easily do things I used to be able to do, i.e., holding a baby, getting dressed, picking up a frying pan, turning my steering wheel, etc.. Worker's comp cut me off since it was determined that this is as good as I'm going to get. The physical therapist said I should be able to squeeze off 60 lbs with my right arm and 45 lbs with my left. I topped off at 21 lbs/16lbs. Everyone who I've mentioned all this to seems to think that I should get an attorney, but I feel like there's no case because my job description said it entailed repetitive motion.

Also, I saw a different physical therapist about a month ago. She found out about my situation and wanted to see me for herself. She saw all my medical records and was pissed, to say the least. She said that the original phys therapist left out a lot of information on the evaluation, and basically claimed I was faking. I definitely didn't fake it, especially according to the MRIs, and she said it would be impossible to fake the tests anyway.

So is it worth it to look into suing? I have been out of work for nearly a year and my arms are getting worse by the day, sometimes to the point of unbearable pain. If I should sue, would I sue the company, the useless doctors, or both?

Thanks.

[Proserpina]

I'm not entirely sure why you think you may be able to sue?

You may have particular difficulty because you refused treatment (the surgery).

[krye]

I didn't refuse treatment, I refused surgery with good reason. If I had gone through with the surgery, I would have been worse off than I am now. The workers comp adjuster, doctors and physical therapist were aware that I was not better and like I said, the other therapist said that the original evaluation was incomplete. Maybe you should have read the entire thing.

[Proserpina]

Originally Posted by krye

I didn't refuse treatment, I refused surgery with good reason. If I had gone through with the surgery, I would have been worse off than I am now. The workers comp adjuster, doctors and physical therapist were aware that I was not better and like I said, the other therapist said that the original evaluation was incomplete. Maybe you should have read the entire thing.

I advise you to consult with an attorney, who can obtain and review your medical records.

[ecmst12]

Generally you can't sue for work related injuries because your recourse is the workers comp claim. And you DID refuse treatment, though you believe you had a good reason, you didn't get a second opinion, and it seems like you would not be any worse off then you are now if you got it - you might still have the same weakness and limited motion but at least you'd be pain free! Plus going by what "some people at PT" said is hardly a medical recommendation. A doctor is obviously going to have more experience with the surgery then any one person who had it done. A workers comp attorney might be able to get your claim re-opened so you can see another specialist for a second opinion.

[krye]

ecmst12-I did get a second opinion. She also said I was misdiagnosed, so surgery would have done nothing for me anyway.