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Senior Member
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Join Date: Jan 2010
Location: Illinois
Posts: 1,785
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Senior Member
Join Date: Jan 2010
Location: Illinois
Posts: 1,785
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I'm so sorry for all that you are going through.
My CRPS was the result of a work related injury so it was work comp too. Unfortunately I live in Illinois and all states have different laws for work comp. The best advice I can give you on that is to find an attorney. The do not charge any money up front and there is a cap on what they can get from any settlements or awards from the court...they are worth every penny. The laws are very complicated when it comes to work comp and your employer and work comp will LIE to you, try to trick you into saying or doing something that can result in their denying you benefits or not paying what is owed...they WILL take advantage of you and try to get out of this by paying as little as possible on your case until you are so frustrated that you just give up. So get a lawyer who can explain your rights and step in if/when they are violated.
I don't know the laws in California but I know that in Illinois...if you are released to work (even with restrictions) and your employer makes the decision to not let you back to work then that's on the employer and can't count against you as not being at work. If you are willing and able to perform your job then that's all that matter. The tricky part is whether you could actually DO the job (even with restrictions) or if they would have to make up busy work that's not actually part of your job. You have to be able to perform the primary functions of your job...doesn't mean you have to be able to do EVERYTHING but you do have to be able to perform the primary functions of the job. If they would have to make up busy work...then that means you are not able to do your job and still need to be off work. It's a very fine line and confusing and frustrating as all get out. One of many reasons you need a lawyer to fight those battles for you.
Regardless...if you are still off work because of a work related injury (even if you lose your job)...work comp still needs to pay you while you are unable to work (so long as that decision is based on a doctor's note stating that you cannot work OR your employer's decision that you are not able to perform the primary functions of your job and not just because YOU think you can't). So you shouldn't lose income even if you do lose your job...but that's ANOTHER reason you need an attorney to advise and protect you.
The doctors...well...unfortunately we can't MAKE them do anything. Especially when dealing with work comp and having to wait for approvals and authorizations for treatments...it slows everything down and makes things frustrating for both patient and doctor alike. I've been where you are now...and I know that what I am going to say is hard and difficult (maybe impossible) to do...but you have to relax and not stress out over the time these things take. All you can ever do is do everything in YOUR power to make your case about what you want/need. After that...it's in someone else's hands and you cannot stress yourself out over things that are not in your control.
Take care of yourself...I hope that things start to turn around for you soon.
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