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In April of 2010, I had incurred an injury to my shoulder at my workplace, due to faulty equipment. I was listed as on Workman's comp, but my case wasn't taken seriously and the doctor brushed me off constantly. My physical therapist and a doctor I had seen at the time of my injury believed surgery was my only option, but my workman's comp doctor through my workplace just kept saying therapy would fix it. Finally, he had scheduled me for an MRI, and I couldn't make the appointment as I had recently found out that I was pregnant. I had called and informed his office of this, and they told me I had to wait. I have since quit my job, and still haven't heard back from my case manager. Is there anything to be done about it at this point, seeing as it is a permanent disabling injury that effects my everyday activities? Or is it too late to persue any kind of compensation? Thank you.
Optional Information: State/Country relating to question: Tennessee Already Tried: Working with the workman's comp case workers and doctors. Had tried to contact the case workers and had no response.
Yes, if they are not paying for your care under workers compensation, you need to now consider getting a workers compensation attorney and file a suit in the workers compensation court for your benefits. The strength of your primary care physician's report is going to be important here to fight the workers compensation doctor's report that therapy is all that is required. As long as you can demonstrate a valid medical reason for not being able to take the MRI they cannot deny you benefits just because you have not yet taken the MRI. Even if you have quit they are still liable for the payment for your care and you can still sue for the workers compensation claim.
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Experience: 20+ Years of Employment Law Experience
Thank you. I recently moved to Louisiana because my fiance works here, and the place I worked at (Walmart) was in Tennessee. Will this affect my worker's compensation? Also, seeing as it is based in Tennessee, do I need to hire a lawyer there as well? Thank you for your time.
You will need a workers compensation attorney in TN, since that is where the claim took place. Your attorney will have to arrange for care out of state in LA as part of your workers compensation suit.