Legal Question in Workers Comp in Ohio

Where is the Justice??? in BWC

1995BWC claim ,L&R Carpul tunnel. Had r fixed,but due to BWC not paying me for 3 monthes and Dr. telling me L might correct itself never had other surgery.NOW I need it And have developed bilatoral tendonitis in both elbows and cervical nueralgia in R shoulder, Employer told me I had to file new claim ,I did and there telling me because it was allowed in 95 I cant file new claim,I need to file on old claim, Did this And there dening that too!There saying because its been 5 yrs, I did file incident reports with employer over these years stating my L hand going numb, but no Medical records till2000.Employer removed warning labels on Air screw drivers saying prolong use of can cause injury to arms and hands!Documented this in 95 claim.Can you sue the employer for pain and suffering ?Has limitation run out?What options do I have?Dont I have Any Rights,these are repetive movement injuries.Dr. has said they are work related ,so has employer and I.this has drug out for a year now.I need surgery on L wrist and phiscal therpy on elbows and shoulder, Im worried that this no treatment will cause me to need to have more surgery. Help


Asked on 2/02/01, 9:31 am

1 Answer from Attorneys
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Where is the Justice??? in BWC

You defintely sound like you have a repetitive trauma injury that just keeps getting worse and worse. Insurance companies do not like to admit to repetitive trauma injuries. But you should get a lawyer who not only knows how to handle Work Comp cases, but also, repetitive trauma injuries. I can't tell if your first injury was handled by a lawyer. If you handled it yourself and the insurance company settled directly with you, then you didn't cover yourself at that time and the insurance company knows that you won't get a lawyer now. That gives them the freedom to deny you whenever a case begins to look like it may be getting costly. Good Luck.

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Answered on 3/21/01, 10:42 pm


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