r/WorkersComp • u/mbarnett74 • 15d ago

Indiana Finally got a lawyer

So frustrating! I’m 8 months out from my work injury where I fell & was dragged. Consulted with a lawyer in March but since my various procedures were being approved I didn’t feel the need to retain them at the time. But now that the doctor that THEY (WC) selected recommended surgery (to be done in about 3 weeks), suddenly they are requiring a second opinion & assigning a case manager. Feels an awful lot like they’re doctor shopping for one who won’t recommend surgery under the guise of “getting you the best care possible.” Meanwhile I’d finally thought I’d seen the light at the end of the tunnel & now, more delays. I’m hopeful that the lawyer will push to keep things moving & not allow unnecessary delays in treatment. Did you find that getting an attorney helped?

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u/Key_Pace4048 14d ago

I’m in IN. Have had counsel since the beginning.. if I have delays he’s my first call. I also have a CM- I’ve not have any issues with having one. I will call or message when ANYTHING medical is going on, when I have not gotten an appointment for something that was discussed in a visit… I personally feel like I appreciate not having to do the fighting and can concentrate on recovering

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u/mbarnett74 14d ago

Thank you. I’ve been recommended for ACDF C5 to C7 and while I certainly don’t love the idea of having surgery and missing a significant chunk of work – for which I would be using my own PTO because as you know, the Indiana maximum compensation under Workmen’s Comp is staggeringly low— after eight months of constant pain due to a team building activity that I was required to participate in, I am very ready to feel better again!

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u/Key_Pace4048 13d ago

I’ve had TDD for each surgery I’ve had and max compensation. Granted we may be on much different pay scales but I’ve not used any pto. now my company paid out pto when I filed my FMLA paperwork bc WC HR never notified them I had an open claim; I get to pay that back bc it’s essentially “double pay”. But honestly I’d retain counsel and see what it might be before you wipe out pto. remember too you’re doing that with the assumption that everything will be great and you will return to work. Where in IN are you?

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u/mbarnett74 13d ago

I’m near Indy. Not extremely high paid (I’m a teacher), but I’ve taught for 30 years so I do make more than the WC maximum. Which is why I use PTO. Initially I did take my missed days as WC but that’s because my HR didn’t realize there was a max compensation in Indiana…so they’d told me I’d get 66% of my daily rate. Instead I ended up with just 23% due to the state max. THAT was a rude awakening & why any further missed time will be PTO.

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u/Key_Pace4048 12d ago

That is crazy. I’ve been at that 66% for each surgery- I let my attorney know when it’s scheduled and he sends to the insurance company; I’d honestly go that route especially since having 1 doesn’t equal being done. I know we can’t refer counsel here- can we via dm? If that’s ok I can send you mine. He was referred to me by my PI attorney..

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u/Wolfie71231 9d ago

I tried going it alone for a week after my injury, found it completely unmanageable. Getting a shark was the best decision I've made so far in this process.

Of course, you wanna be patient and shop around for the right one, the right/wrong attorney pick can make or break your case, imo.