Q: I injured my back on 9/18/01. The result was crushed L4 and L5 in my back. Due to financial reasons, I continued to go to work through this time taking little time off, but have come to the end of my trip with the doctor, rehab, etc. and find that I am no longer able to do even limited labor and standing for long periods of time since the pain now runs down my legs.
I have taken one full week off recently due to the increased pain. I returned on limited duty for 3 days and found it to be too much. The doctor has limited my lifting to 25 lbs. I work at a tire store. What should I do?
--Jeff, Kalispell, MT
Attorney Cliff Horwitz:
Hire a lawyer. Hire a lawyer. Hire a lawyer. Hire a lawyer.
That is what you should do. Don't go it alone. Prosecute your rights. I am amazed you were continuing to work with those injuries. Its almost unheard of. Meanwhile, the Workers Compensation system should protect you by paying you a wage differential for the amount of time that you are limited in your abilities. Further, WC will pay for surgery, which I would assume your doctor is suggesting due to what sounds to be herniated disks. WC will pay for permenant disability. Plus, a good lawyer might be able to find a third party case (Jury case) against someone other than your employer.
Make sure you are seeing a top notch orthopedic surgeon. Do what you need to do to find a top notch personal injury specialist lawyer.
Get a lawyer. Protect yourself. Its a clear cut call. No question about it.