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 03-21-2007, 07:14 AM #1
momzpeachy momzpeachy is offline
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Hi all

I want to thank all of you who replied and offered your support. It makes me feel a bit better.

I a, all set up with a lawyer now so everything is in his hands. I don't need the stress of all this. I need to focus on getting better which both him and the Doc agree. The Doctor said "of course they denied the claim,hoping you'd just go away". Insurance companies and employers don't like claims for RSI's because they are ongoing. No telling how long this is gonna take and treatment is very costly. Also, no telling if or when I will be able to return to work. It's one of those injuries that is really no telling how things are going to play out. The Dr said that he totally agrees that the injury is work related and is speaking with the lawyer. There was some confusion with his staff becuase he was continuing to bill the insurance company. PA law states that if you have primary insurance, the physician is to bill them and then the insurance companies battle it out. The Doctor is looking at the patients best interest and of course his but anyways that's the law. It looks like everything will work out anyways..I HOPE! I also hope it doesn't take too long. Being without any income is also very painful. I'm so angry at how people in this world are though...so uncaring. My employer didn't give a crap..heck, they thought I was faking it. I'd love to see one of them go through what I'm going through...They'd be such babies! They haven't even contacted me for anything other than a letter in the mail saying I was on "unpaid medical leave" hahahaha..nice. Well the insurance company doesn't care either. I never asked for this...I asked for support at work when I started getting in pain but got NOTHING other than harrassment. So now I end up like this..not my fault and very unfair. They should pay for it all...they caused it. I was a very healthy person with no injuries ever..not even a car accident...so it's a no brainer as to how this happened. Well I guess I rambled on long enough.

Thanks again and hope to keep hearing from you.

Momz
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momz of NE PA:
Right side TOS (Scalenectomy 1-14-08). Spinal problems. Thoracic Spine hernaited discs pressing on spinal cord and small tumor - still being investigated. A very tired mom who feels like giving up!

Wishing I could think more positive and be well again!
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Old 03-21-2007, 08:59 AM #2
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Good for you! Good luck with the lawyer.
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Old 03-21-2007, 11:08 AM #3
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Just so you are aware momz - RSI/TOS claims/cases will usually take a couple of years to close/finalize.

Because it is a pretty much chronic condition and all the treatment & PT will take time to find out if it is going to improve you or not.

Most likely you will go thru the similar stages of grief - sounds like you are at the angry stage now - {we've all been there}.
I think we have posts about that on the TOS forum.

Best suggestions I've seen over the yrs-

get copies of everything - letters, tests, drs notes/reports, bills

don't discuss any of your situation with anyone at work.

follow any restrictions set by your dr - all the time- if a case looks to be a big $$ one the ins co. may begin watching you at some point.


Do as much resting and very slow & gentle ROM /stretches a couple times a day
- you may also what to check on the Vitamin/supplement forum for healing supplements.
some ideas - MSM, Grape seed extract, of course a good multi, Vit C, Cal/mag blend and B stress
These are what I took/take during my bad times.
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Old 03-21-2007, 12:22 PM #4
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Default Hi Momz....

I just had a question for you?? I'm from Ca so I don't know Pa W/C law. In Ca when you go on a work related disability leave as you are we are place on what is called Total Temp Disability it is a non taxable benefit paid over a seven day week and is designed to replace your wages while you are temp disabled because of a work related injury.
You are also paid mileage for your transportation to and from any medical related procedure.
If this has not been brought to your attention you may want to inquire about it. As I said Laws very state to state so I am not sure how they compensate injured employees in Pa.
You may also want to look into a state disability income at this time if you aren't receiving any income. You can check with your attorney on this they would know what you would need to do or who to refer you to.
I also applied for Social Security Disability when I was diagnosed with TOS. It is a very long process. I have been denied 2 times now and am waiting for my court date with the ALJ Judge which is where allot of cases end up. I have been waiting for this date for 3 years now and had obtained a lawyer after my first denial. It's not uncommon to be denied the first 2 times. You can fill out the forms on line thru the SS site.https://s044a90.ssa.gov/apps6z/ISBA/main.html
I'm just letting you know about this because TOS can be a life long disability and applying for SSD is a very long process. I know it sound extreem but down the road I think you will understand.
But I would think you are entitled to some type of income. I would check with your attorney if you are not receiving any at this time.
Best of luck
Dawn
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Old 03-21-2007, 01:02 PM #5
michael178 michael178 is offline
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Work Comp laws do not vary that much from state to state. They came about when the employee's right to sue his boss for his injuries were taken away, and in place of that (there were too many law suits) workers were given conpensation (usually a percentage of the normal wages,) for work related injuries.
Insurance people who only do work comp often become bitter. The files that they work stay around for years and years, and, frankly, they are always dealing with cheats and liars so they are suspicious of every claim.
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Old 03-21-2007, 06:07 PM #6
caudaequinasyndrome caudaequinasyndrome is offline
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actually workers comp laws do vary greatly from state to state. true they are similar in design
it is not a employee friendly self service system, the worker will need a lawyer in the majority of cases to get their max benefit. the more time missed from work , the more a lawyer will be needed.
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