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Old 05-30-2008, 01:05 AM
queen178 queen178 is offline
Junior Member
 
Join Date: Feb 2008
Posts: 18
15 yr Member
queen178 queen178 is offline
Junior Member
 
Join Date: Feb 2008
Posts: 18
15 yr Member
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Quote:
Originally Posted by lefthanded View Post
Queen . . .

I hear you. I really do. Let me tell you what I would have told you the day you got hurt:

1. File a claim.
2. Learn how your state's comp system works. Learn when you must file papers, and what you must provide to get your benefits in a timely manner. (Problems people have with their claims are often a result of not following the rules, guidelines and especially timelines.) And please -- learn what benefits your state offers! They may make you do a lot of work to get them, but if the law says you get "x" benefit if "y" occurs, do not forfeit that benefit! (More later under medical benefits.)
3. If you can not work, ask that your doctor clearly document that, and that it is due to the accident/injury. Then be sure you file for wage replacement benefits for every last day you have missed. In most if not all states you are eligible for benefits until you are returned to full duty and are earning what you were at the time of your injury.

I have to pause here with a mini-lecture, but it is not directed at you specifically. Too many people think they are doing a good thing when they use sick leave and vacation instead of being paid time loss under comp. Part of the premiums your employer pays for comp come out of your paycheck! W/C is a state-run industrial insurance program. If you are injured you are due the benefits that you qualify for! Quitting your job or moving on to a new job, unless you had already planned to do this before you got hurt, are only giving our employer the easy out -- because now they will not have to return you to work for them. W/C is designed to, as best as can be done, return you to as close to your pre-injury status as possible. If you can not return to work without permanent restrictions, you are now looking for a job that will have to accommodate those same restrictions. If you stay at the job of injury and have restrictions, you can now ask for help getting your employer to accommodate those restrictions. When you quit, but can not find a new job, you may no longer qualify for unemployment either, as you have quit a previous job. And if your employer can not take you back, they will have to terminate you. . . and then you will at least get unemployment!

And. . . in most states w/c is not responsible for retraining you if you can find any kind of work, even if it pays half of what you had been earning. This is the hard reality. This is why I recommend that you stay where you are, at least until such time as you have secured another job.


4. Find out if you are able to choose your own doctor and direct your own care. In some states the employer can send you to their doctor. But in most states you can get a second opinion. Use this option for every specialty if you are unable to see who you want to. HOWEVER -- you are not entitled to see an unlimited number of doctors. Changing doctors frequently sends up red flags that you are seeking to extend your disability, or that you have unrealistic expectations about your treatment. I always suggested choosing the doctors you would if it were not covered by comp. Your goal should be to get well, not get a large settlement at the end.
5. Attend all appointments and therapy sessions, or document an excellent reason why you were unable to attend.
6. Do not pay for your own drugs prescribed for your injury! Do not submit them to your own health insurance either. And if you are in pain, take your pain meds! They actually can help you heal by reducing the stress of the injury on your body. Ask the doctor to tell you how long you might be taking the drugs, and if they are narcotic, if you will be weaned off of them. (Asking this might help you avoid being cut off without warning! It also lets your doctor know you know something about the proper use of pain meds, making you less likely to abuse.)
7. In fact, learn about your injury and the best ways to help it heal. Some may not be covered, like yoga or a gym membership, but it is ultimately your body and your responsibility. Just attending doctor appointments will not heal an injury . . . you really have to do most of the work yourself!
8. Park the attitude that your employer "owes you" anything at the door. Once you file a claim and it is open and allowed, you are still an employee of theirs, and you will be best served by acting like it. Call them after every doctor visit, or more often if they require. Drop by once in a while so they can see your progress or in some cases, lack of progress. Employers often fear that injured workers out receiving wage replacement benefits (TTD or whatever your state calls them) are actually having fun. Tell them how often you go to therapy and see your doctor. Let them know when you hope to be able to return, or at least, when you doctor will be reevaluating you for work. And when you start to feel a little better, ask if they are open to light duty. Make them see you are anxious to get back to work and be productive for them again.
9. I have heard of injured workers who fall into very hard financial times, and do not know where to turn. I recommend that you turn to your employer and tell them that you may be falling behind while you are off work. Some employers have programs or funds set up to help employees in trouble financially. Many appear not to care, but you don't know until you ask. Along this line, also tell your mortgage company, or anyone else to whom yo must make regular payments, that your income is reduced while you are off work, and ask to make arrangement to not fall behind. They may find ways to help you, and again, you are responsible for your bills. . . not our employer.
10. Do no cheat. Do not work on the side or engage in activities that will keep you from healing -- the restrictions the doctor has placed on you for your injury are there to keep you from making it worse. Ignoring them will make you miserable if you get worse. . . or if you get caught. I personally successfully recovered claims costs, including disability awards, from two ironworkers who either inflated or faked the severity of their injuries. This amounted to a savings/recovery for one client in one location of nearly $200,000! Just in case your employer or insurance carrier randomly requests surveillance, that trip the Mall of America will not look good if you have an injury that restricts you from excessive walking.

Finally. . . .ask questions. Ask your doctors and ask your therapists. Make your questions specific enough that they will know you will understand their answers. Asking if your injured joint will be back to normal is less specific than asking what kinds of changes you can expect as you age. Asking when you will no longer have pain is less helpful than asking if your current pain levels with improve. If you treatments appear to be ineffective, ask if there are other ways this injury might be treated.

And ask questions of your employer. If all they say is that they want you back at work, ask if there is anything you can do until then that will make your time off easier to bear. Their answer may be as simple as keep in touch." Remember, for every injured worker there are probably a dozen people who would love to do your work . . . you want your employer to believe you are still their best choice, and that you will be back to work as soon as you physically can!
I left the job because they did not have any light duty for me.

I have had it drilled in my head that it was never good to have a WC claim under my belt for future employment. that is the reason for using vacation etc.

I always went into my place of employment to talk to the manager in person but for some reason he was never in. I ALWAYS talked to the assistant. When I did see him he ridiculed me and told me that I should be healed already. He refused to follow DRs. limitations given to me. At first after my appts, I would personally go in to tell him what was going on but he totally ignored everything. My case nurse started to call him thinking he would listen to her but she got just as frustrated as I did.

I could not live on 2/3 of my wages that is why I went to work for my parents. It is a total sit down job. I resigned my position for the betterment of the company. Somebody needed to run that department and the only way they would was if I quit.

The ironic thing is... I was filing some paperwork on WC for my dad and what the insurance company advised the employer to do was pretty much the same as what the employee is supposed to do. Keeping in contact.. making them feel like they are still part of the team etc. I was totally kept out of the loop. I was made to feel like I should be ashamed of my injury. Anyway I just wait and see what happens and like I said before... I shall pray for a healing.

Gee.. I hope my employer has spies out for me... employers insurance co. are my neighbors. They have watched me struggle. I would have to be an idiot to try and cheat! When I was told to walk... I walked . I probably did less than I was told to because I was unable. I used a wheel chair for shopping, cleaning etc. I am totally on the up and up. Anyhoo thanks for your input I really do appreciate it tons
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