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WC Dr messed Up

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Lowrider000

Guest
What is the name of your state?Tennessee.
I got hurt on the job.I was running a lathe and a piece of steel shot in my hand so i couldn't see it.My hand started bleeding and then it swells up and my thumb was numb when u touch it,So the company sent me to a WC Dr,The Dr clean the cut up and said everything is ok and i told the Dr that everything thing isn't ok,My hand is swollen and it hurts like hell and my thumb is numb.He told me the numbness was due to the swelling and that was why it was aching.So he told me to go back to work without restrictions when i knew i couldn't do the job the way my hand was.I tried to tell him but he wouldn't listen.So i went back to the company and told them they had 2 choices...1 to send me to another WC dr or I was going to my primary Dr.So the guy at work called the WC dr that i went to and he told him that i didn't need any restriction and that my hand was ok.So he told me to go to my primary Dr which i did.I told my primary Dr how i got hurt,he then asked me if i had a tetanus shot,I told him yes but i don't know when,so he said to be on the safe side he would give me another one,The WC Dr didn't ask me about a tetanas shot.My primary Dr said my hand was swollen up real bad,he asked me if i think any steel was still in it,I told him i dunno so he said he was going to xray it and sure enough there was a large piece of steel in my hand.My primary Dr referred me to an Ortho.he looked at my hand and the X-rays and told me that i had to have surgury to get the steel out and the reason my thumb was numb was because the steel went into a nerve.Can I sue the WC Dr that messed up
 


Arcari

Junior Member
WC Dr. Messed Up

From California
Your best shot, get the advice of an attorney, this was a job related injury which should be covered by the WC Insurance and you should get the temporary benefits you are entitled to while in your way to recover from your injury: surgery, physical therapy, medications, etc.
WC attornies don't charge for a consultation, and if you retain one, he/she gets a % of any settlement you get for any disability you have, and if you are not able to return to your regular job duties, you may qualify for Vocational Rehab, another benefit for injured workers.
 

OHNnurse

Junior Member
Was the WC doctor that you saw on a panel given to you by your employer? Did you choose him/her from that panel?
When you went to your primary doctor you will be responsible for all related expenses. You may also be responsible for any ortho bills including surgery. The WC law states that if you see a physician of your choice (not on the panel) you (the employee) will be responsible for any charges. If you have private Health insurance most likely they will not pay because it is WC. WC will not pay because the treatment was not "authorized" or you werent referred to the ortho by the treating physician. That is why it is important to stick with the primary physician choosen from a panel. You could end up with a large bill. However, you did not recieve the continuity of care that you should have recieved.

Were you given a panel of at least 3 physician's to choose from?
In the state of TN the WC law states that you must be given a panel of 3 physicians not associated in practice to choose a primary care physician. This physician will oversee your care and make referrals when necessary. If you were not given a panel, ask your employer for this panel. If you were, ask if you can see someone else on the panel. Tell your employer that your DR has referred you to an ortho b/c of the metal in your thumb. Your employer should comply. If they do not give you a panel or will not let you see someone else, contact the department of labor. They have mediators that will help you and advise you when to get an attorney. They will contact your employer and tell them what they have to do. The employer must comply with the DOL.


If you do not get any help from your employer or the DOL then hire an attorney. If you hire an attorney you will have to pay him/her. You may not get a settlement for this type injury therefore you will be out attorney fees. Hire an attorney only if you can not resolve this yourself or by using the DOL.

Good luck!
 

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