workers comp ?

Discussion in 'General Discussion' started by Dragonwolf, May 27, 2009.

  1. Dragonwolf

    Dragonwolf dragon-bot

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    i was injured at work last year resulting in having to have surgury on my right shoulder, then was released by my dr., and reinjured my shoulder lifting a patent after being denied lifting assist.

    now the company is trying to lower my pay, and deny me the MRI that i need to know whats wrong with my shoulder to see if it can be fixed, and are constantly threating to write me up for some of the silliest things.
    i have a lawyer, and a hearing soon, but what else should i do?

    does anyone here have any experiense with workers comp?
     
  2. Boggs6ft7

    Boggs6ft7 TFW2005 Supporter

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    are you not insured?
     
  3. cbff

    cbff Destroyer of Botcon

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    Um, it's not the companies decision to make. Your company should have an insurance company for work related injuries and it's the insurance company that should decide whether to pay for the MRI.

    Then if they don't, your attorney sues.

    I've been dealing with work comp for 2.5 years now. Luckily, my former employer's (Fedex Ground) insurance company is a reasonable one. I've had two surgeries, therapy, bone stimulation, and 1.5 years of work comp pay. All of it has been paid for by the work comp insurance company, not Fedex Ground.

    I'm sure the insurance company will go in a roundabout way to make Fedex eventually pay for it all, but at this time, the bills are paid by the insurance company.
     
  4. Mr.Roboto

    Mr.Roboto YOU'RE A SHRUB ROCKETEER! Veteran

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    Yeah, the insurance company handles the bills their own way. Your lawyer should be communicating with the insurance company to authorize MRI's and such. Also, if you did file a workers comp claim then you/lawyer should be receiving medical exams set up by the insurance company to determine what is going on and how serious the injury is. Honestly, if I were you, I would make sure that your lawyer has experience with Workers Comp. claims.

    Oh, and if anything, if they are threatening and discriminating against you at work because of your injury then your lawyer should know about filing a 132a Petition with the Workers Comp Appeals Board.

    Oh again, also if your employer had prior knowledge about your previous injury and didn't do anything to assist you, leading up to your current injury then perhaps you could file a Serious And Willful Petition with the Workers Comp Appeals Board.
     
    Last edited: May 28, 2009
  5. Dragonwolf

    Dragonwolf dragon-bot

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    my lawyer , has luck has it, helped write some of the new workers comp rules.

    has for the insurance company, i have not been contacted and the company says they are paying for everything. so this is getting more complicated then i was hoping for.

    and this has been a year +, and my supervisor knew about the surgury , and even admitted i wasnt 100%.
     
  6. funkatron101

    funkatron101 TFW2005 Supporter

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    That pesky silent h gets me every time.
     
  7. Mr.Roboto

    Mr.Roboto YOU'RE A SHRUB ROCKETEER! Veteran

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    Then most likely, your employer has no insurance at all. These sort of cases get complicated. I just hope your lawyer knows what he/she is doing.
     
  8. Dragonwolf

    Dragonwolf dragon-bot

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    so do i, thanks
     
  9. ChldsPlay

    ChldsPlay Well-Known Member

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    I'm dealing with work comp myself. Been almost 3 years now since my injury. My employer now has a different insurance company that they go through than the one that is handling my case. So the insurance company I'm dealing with is no longer receiving any money from my company and will not be able to raise any rates on them because of it. I'm not exactly the kind of claim the insurance company wants to deal with. Because of that I think they've tried to do whatever they can to act concerned while avoiding doing anything that needs to be done.

    I've been to 3 or 4 doctors at the local work comp. office and 4 specialists and now the insurance company doesn't want to go any farther and none of the doctors have been very helpful and most of what they tell me is completely the opposite of most of the research I've done. I got a lawyer right before I saw the last specialist because I got the feeling the insurance company was going to try to get rid of me soon. Amazingly, the last specialist they sent me to tried to tell me my problem was from genetics. He said I just had some arthritis (of course after 3 years of dealing with an injury!) and need to be more active which I'd love to do if it wasn't for the fact that being more active makes it much worse.

    I have an appointment to see a doctor my lawyer is sending me to at the end of next month (though I'm trying to move this up). I've missed probably 20-25 days of work since January because of the pain. I do have the opinion of a doctor from medhelp.org who I explained my symptoms to, gave my MRI report to, and showed several images from my MRI to. He was pretty adamant that I need neck surgery.

    If your company is paying for it and they don't have insurance then I'm pretty sure they're breaking the law, though I guess some states may not require it. I hope your lawyer handles things well for you. Did you get a settlement after the surgery you had (you should have)? If I end up having surgery then I expect my partial disability rating and all that jazz will get me somewhere in the neighborhood of $40,000-$50,000 after lawyer's fees. Getting better is definitely the main priority though. Money doesn't mean jack shit if you can't do anything with your life.
     
  10. Drake

    Drake Smooth Is Smooth Baby

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    Aren't the laws different in every state or some crap like that?
     
  11. Dragonwolf

    Dragonwolf dragon-bot

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    no settlement and a permenant impairment rating of 3% from the dr who did the surgury, and released me from a shoulder surgury and repair of the cartlage in the shoulder, after less then 6 mounths(from research i did i should have been out at least a year), and a different dr said my rating should have been at least 30% due to him taking out an inch to inch and a half of clavicle bone.

    my lawyer is a good one and he is working on it now.
    also, my company is now refusing to pay my holiday pay, even though i am still full time on light duty, and trying to block my aflac claimes from the times i was seen at the ER for this.
     
  12. Mr.Roboto

    Mr.Roboto YOU'RE A SHRUB ROCKETEER! Veteran

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    Are you part of a union? If you are, you should check if there is anything they can do to help with the way you are being treated. And I definitely hope your lawyer knows about the lowball tactics your employer is doing to you. Your employer could royally screw themselves over, especially if they don't have insurance, in front of the Workers Comp Appeals Board.
     
  13. Dragonwolf

    Dragonwolf dragon-bot

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    unions are not allowed in sc, we bearly have a labor board that cares and can do anything.
     
  14. nkelsch

    nkelsch Do you know this Icon? TFW2005 Supporter

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    The issue is, once a doctor says something, the insurance companies win. If the doctor who did the 'repair' says you are only impaired 3%, then that is all you get. Since people can get crooked doctors on both sides of the spectrum (over diagnosing disability and under diagnosing Disability) it is hard to win in court once a medical doctor treats and rules.

    Especially if you re-injure later outside of work. Good luck proving it was back to your original case.

    You are not in for an easy road at all. Workmans comp is no joy and is a lifetime of them trying to prove you are not disabled.
     
  15. Dragonwolf

    Dragonwolf dragon-bot

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    i just want my shoulder fixed, or the ability to start school to find a new job.

    both drs have already said i will never be able to get on the ambulance agein, so i need to find a new job where i can make what i am making now, but cant go to school untill this is settled.
     
  16. Dragonwolf

    Dragonwolf dragon-bot

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    double post
     

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