Workers Comp Help
Cervical Herniations and Fusions from a Work Injury
My husband's nightmare of the Workers Comp system started December 13, 1999. A hoist holding a 3500lb diesel engine broke and fell causing what the neurosurgeon called a severe "whiplash" to his neck.
He went to the emergency room where Xrays revealed he had herniated the 3rd and 4th vertebrae in his neck. The ER physicians immediately referred him to a neurosurgeon. He went to a neurosurgeon the next day and she ordered a MRI which he received. After the neurosurgeon read the MRI she told my husband he would need immediate surgery for fusion of the 3rd and 4th vertebrae.
At the time of the accident my husband was working and living on our boat in Southern Florida. His employer had opened a branch of the company there and offered my husband a position there, the employer's main branch is located in North Central Florida. After receiving the opinion of the neurosurgeon he requested to see a neurosurgeon in North Central Florida where I was living in our house at the time. It took the insurance company two months to grant authorization for him to see another neurosurgeon in Central Florida, this only occurred after we hired an attorney. My husband went to the neurosurgeon who ordered a myleogram. Once the results of the mylogram was received the neurosurgeon immediately scheduled surgery and requested my husband at all times wear a collar, the vertebrae was impending on the spinal cord so severely that my husband could fall and sever his spinal cord. Surgery was finally performed on April 24th and the neurosurgeon stated he was shocked my hus!
band could walk in the hospital but he felt the fusion between the 3rd and 4th vertebrae went well. On October 9th my husband again had a cervical fusion between the 5th and 6th vertebrae. With this surgery he had complications of staff infection and ulcers developed from the medication he was on. He lost 25lbs in two week, in addition his pain started to increase instead of decrease. In January 10, 2001 my husband went to the neurosurgeon. (I was with him for this visit). He complained about pain in his neck and arm. When the neurosurgeon asked him about retraining for another job my husband stated "that is between my attorney and myself". Guess what the neurosurgeon placed him at MMI of 15% and wrote in his notes that my husband "had no neck and arm pain and he had made plans to be retrained. It took the insurance company another three months to send him to another physician for pain management. As of two weeks ago this physician has placed him on so many pain meds that he can not drive.
At the time of the accident my husband was grossing $850.00 per week however Workers Comp or his employer calculated he started receiving $300.00 per week initially. Again it was resolved with the help of our attorney in March 2000 and he ended up receiving his correct benefits of $522.00 per week. In December 2000 the insurance company did not pay his benefits for two weeks stating he "had fell out of the computer system" In January 2001 once he reached his MMI the payments have been sparse at best.
It is April 20th and we have not received a check from the insurance company for 31/2 weeks, and the last check he received was 122.64 go figure. However my husband and I have decided we have to take control of lives if not this ordeal will eventually eat us up inside. We still have to deal with the insurance carrier for medical but as far as the financial part we are taking control. I will be starting a new job on April 23 earning more money than I did in the past, in addition I have consulted an attorney where I am claiming Chapter 7 bankruptcy. Fortunately most all of the debts are in my name so my husband will continue to keep his credit. With my job and claiming bankruptcy we will not have to worry about money and we can concentrate on the medical issues facing us. Sad isn't it.
The sad part is that my husband also has two third party suits from this accident and the insurance company will be reimbursed for all medical bills once these are settled yet they fight you all the way. In closing all I can say is this is supposed to be America.