Layoffs, Unemployment and Worker's Compensation For discussion of any topic related to one's employment and unemployment, worker's compensation, and job.


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Old 07-22-2014, 11:59 PM #1
jaereese8291 jaereese8291 is offline
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jaereese8291 jaereese8291 is offline
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Confused Workers Comp. Newbie

Sorry about the lengthiness of this.

I was injured back in March '14 by a pull-out drawer on a folding table. The drawer slung out and hit my right above my right eyebrow thus knocking me unconscious for a short amount of time. I was able to gather myself up and get help from a manager. They allowed me to get a band-aid for the small cut I got, aspirin from customer service and ice from a nearby cafe in our shopping center for the swelling around my eye.

Because I reported to the shopping center that I was hurt on their premises, they came in store and filed a accident report thus persuading my managers to file one as well to cover their @$$es. I tried to continue to work but the double vision was intense and making me nauseous. I was sent to urgent care as requested by my company's insurance company that evening. At urgent care, they took x-rays of my face, a simple vision test, deemed it a "bump on the head" and sent me home with a heating pad (really, a heating pad for my face -_-) and medications that counteracted one another. I had to do three follow-ups with the urgent care centre and each time they deemed me maximum expected recovery 100% from a "bump on the head" despite me telling them of other symptoms. I was having really bad memory lapses, horrendous migraines, disorientation, insomnia from the medication they prescribed (one causes trouble sleeping/one causes drowsiness) and a consistent "runny" nose. I was discharged from care.

I constantly tried to get back in contact with my claim adjuster but I spoke to her voicemail more than I spoken to her. Eventually, the IC got back with me in April. I informed them I was still suffering from my injury. By this time my symptoms would fluctuate so much I knew something was wrong. The new claim adjuster told me that I can go back to the doctors at urgent care if I was still having problems. Two weeks later, I became extremely ill. All of my symptoms were multiplied by 10. My parents convinced me to go to the ER. A couple test later I was informed that my what was once a "bump on the head was actually a defect on my right cribriform and CSF fluid was leaking from it. I was also brewing a bad case if bacterial meningitis. A week in the hospital, they established that I got the defect from blunt force trauma and started calling my injury a TBI.

Upon my stay in the ER, I had a REALLY BAD lumbar puncture to inject dye into my CSF. The DR. kept touching my nerve with the needle. It felt as if I was being stabbed multiple times from my waist down. When they came in a couple days later saying I needed to do another lumbar for further testing, I was mortified and refused to do it. After my discharge, I was on restrictions for 3 weeks to try and let the defect heal naturally. I received a letter from the IC a couple days before my follow-up visit with an ENT that my claim was being denied because I didn't release my medical records to them. At my follow-up appt., I was refused clearance for work and told to start lumbar punctures treatments to take pressure of the defect. . .great.

I decided to get an attorney because I knew that I wouldn't stand a chance going against W/C by myself. I mean, I am only 22. I know nothing about legal issues. Can someone sort-of clue me in on what to expect or look forward to while I embark on my W/C legal journey.
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Old 07-23-2014, 03:47 AM #2
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All I can say is I hope you got a really aggressive w/c attorney. I might also suggest a malpractice attorney review your records as well. Any injury resulting in loss of consciousness is over the level of first aid by the employer or an urgent care setting.

I know that California work comp law is a breed apart, and I am very unversed in how it works. But your injury sounds like it has not been handled properly both medically or as a w/c injury. And as far as what to expect, your attorney should have or should be willing to outline what you can expect. If not, ask. If it is not forthcoming, find a different attorney.
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Old 07-23-2014, 09:17 PM #3
jaereese8291 jaereese8291 is offline
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Quote:
Originally Posted by lefthanded View Post
All I can say is I hope you got a really aggressive w/c attorney. I might also suggest a malpractice attorney review your records as well. Any injury resulting in loss of consciousness is over the level of first aid by the employer or an urgent care setting.

I know that California work comp law is a breed apart, and I am very unversed in how it works. But your injury sounds like it has not been handled properly both medically or as a w/c injury. And as far as what to expect, your attorney should have or should be willing to outline what you can expect. If not, ask. If it is not forthcoming, find a different attorney.
Thank you for this. I'm going to call my attorney tomorrow and ask about the concussion part and not receiving the care I should have. Like, all of this could've been avoided or probably wouldn't have happened if everything was handled right form the jump. Malpractice is a big deal.
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