Ok so after several hours paniking not sure what happened but I was finally able to get the private key to work and yes I used a bip38.
I was using my computers webcam and kept getting an error of no private key found on the QR code, so what I did was just kept on retyping the code and after several times it finally went through and I entered my passphrase.
Anyhow I do not know if I can put my trust into these paper wallets at this time just seems so risky for the generator to provide a false private key I will have to test these wallets out more in the future.
Thanks for the help guys.