Posted 8/28/2012 5:04 PM (GMT 0)
dhitt, first I would like to say welcome to the forum, and yes, everyone here, from one thing or another is very familiar with chronic pain, and is very supportive on every level. No one here is judgmental, and when they ask questions, it is not out of judgment, it is out of great concern, or curiosity, so that they may get to know you, or your situation a little better, and perhaps be able to offer some insight, on how to find some resolution for your issues. Feel free to vent if you ever need to, we all do it sometimes, and noone is more understanding of that need than the members here.
Alright, some of the legalities of your car accident. You did not say what country you live in, so I can only assume, based on the time of your post, that you live in the United States, and posted before leaving for work, if you do not live in the US, then the laws I'm about to talk about would not be applicable to you, and either way, you'd be wise to stop putting off seeking legal representation, depending on the civil suite laws of your country. The other reason I'm assuming you're in the US, is that you said you have health insurance, most of the countries in Europe have a national healthcare system, at least that's what I've been led to believe lol.
Ok, the nero surgeon has a very valid reason to be concerned about payment. Depending on your healthcare policy, your health insurance may have no liability over your claim, but whether they do or not, would be entitled to compensation from the third party in the event of a lawsuit, and if there is a clause in your policy, which denies coverage for 3rd party liability claims like this, you could have your coverage of these claims dropped at any moment. The neuro surgeon also knows that there are statutes of limitations, that strictly limit the amount of time you have to file a law suite, in my state, that limit is one year from the date of the accident, it can be more or less time, depending on your state, and in some states, you only have 6 months. After the statute of limitations has passed, you CAN NOT file a law suite for that accident.
There are a number of better health insurance policies that will continue coverage, regardless of 3rdyour party liability, but some will do so based on the idea of future reimbursement from the third party, I would suggest you read over your policy very carefully, and possibly go over it with an attorney, so that you know what to expect from your insurance company down the road.
Regarding your job, there are several federal acts that will protect your job under a lot of circumstances, and you will find that your employer may actually be very supportive through this whole ordeal, but they do have rights too, and one of them is to know when they have an employee using heavy narcotics, if you are using a company vehicle at any time, you can be terminated immediately for doing so and not notifying them of your prescriptions. I'd hate to see you lose your job, so you really need to get them on board with your care, the Americans with disabilities act, actually entitles you to some reasonable accommodation, but only covers you if you give your company due and timely notice of the problem. If you are hesitant to talk to your employer, you may want to seek the advice of an attorney to put your mind at ease, and it may give you some ideas on ways to approach your employer, and how to phrase everything, so that they do not misunderstanding anything you are trying to convey.
I would strongly, strongly urge you to seek out legal representation as soon as possible, you really need to know what the reality is of what you are dealing with. Male sure you get multiple consultations, and bring all the info that you can to each consult, including info and photos of the accident, any medical records or work releases you might have, receipts from prescriptions, and also the declaration of coverage on your auto and medical policies, those should be rather large booklets or packets which state the fine details of your coverage contracts. Also, do not forget to bring receipts of any bodywork on your car, any rental cars you had to use, and try to get a list of all trips for this whole thing, medical trips, and trips for your car, and figure out the mileage for each one, all of that should be compensable, if not a tax write off.
If your state bar certifies attorneys as specialists, you will want a personal injury specialist. I would advise you to have signed an attorney within the next month at the most, you really need to get on this, time is against you on this matter, and a tear in a disc is a dangerous condition, a good attorney will be able to get things set up for you, to get real treatment besides just medications, as soon as possible.
I wish you the best of luck, and I hope you will find some relief for your pain. I live in the state of California, and am most familiar with the laws here, if you also live in California, and would like to talk some more about the specific laws for this state, let me know, I'm very familiar with a lot of them and would be happy to help where I can, but I'm not a substitute for the representation that you really need to obtain. Take care, and God bless, and I hope you are able to take action on this soon, the longer you wait, the less likely you are to be taken on by a good attorney for your case.