I decided to get a lawyer due to work not helping me at all and doing things like trying to hold back my pay. I have to meet with the independent medical doctor tomorrow so that he can ok my surgery for a neck fusion in 2 weeks. My lawyer is saying not to bring in any information, to answer honest & truthfully and not to sign anything. Telling the IME that I am going to have a lawyer review it. My concern is that so far the Workmens comp company has been very good to me. I do have a pre-existing neck condition with a c5-6 fusion. I am afraid if I listen to this lawyer, I might not get the surgery. Should I forget about the lawyer until I have been denied surgery?
State/Country relating to question: Massachusetts
I just got the lawyer. Work isn't cooperating.
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question.You should absolutely listen to the attorney's advice. You are not going to offend anyone. Everything this lawyer has told you is completely reasonable and standard operating procedure for these types of matters.
I appreciate you answer. Is there a chance that once the Workmens comp hears that I have a lawyer that they could refuse the surgery and also stop paying me Workmens comp? I really need the surgery.
No, they can not deny medical treatment because you have legal representation.
Can Workmens comp refuse to pay me my weekly payment since I am getting a lawyer?
No, again, you can not be penalized for retaining legal representation.
Over 25 years experience.
My lawyer is saying that I can not fill out the paperwork that is given in the beginning of the appointment, which talks about pain, how did it happen, the general things. He says that they can ask for whatever they want. I, obviously, will sign the consent to treat. will the workmen's comp doctor see me if I don't fill out the rest of the paperwork? I really want surgery and I feel like my attorney is just saying don't put anything down in writing. This feels uncomfortable to me even though I know that anything in writing can be used against me. When I talk to the doctor, what I say to him will be put into writing as well. Please help me. I feel at a loss and my attorney seems frustrated with me!
Let the doctor know your attorney has advised that you not to sign any paper work regarding the circumstances surrounding the injury but that you will sign a consent to treatment. If it creates a problem, fill out the required paperwork and ask to have a copy. You can give your attorney the copies. Remember that workers comp is not about liability. S long as an injury occurred on the job, you should be covered.
I think the concern is that I have had a preexisting condition, which was a previous neck fusion. My company is a fortune 500 and does not care about their employees at all. I caught a client having a seizure which lead to my current situation. My lawyer said that they can ask anything and to be honest, just no writing things down. Can the doctor refuse to see me if I only sign a consent to treat and not anything else. I will be happy to tell them what i need to verbally.
You would have to speak to the doctor about that. I would advise following your attorney's instructions. The doctor may waive certain paperwork. The preexisting condition is what it is and will not prevent your treatment, in and of itself.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).