I was just wondering if it is always necessary to get an attorney? I had my impairment rating a few weeks ago and have yet to hear from anybody.

I don't know what is fair or what isn't. I do know that this injury is going to be a thorn in my side for years to come..... A little background:

I broke my foot and have had 2 surgeries. The latter surgery was the removal of hardware and part of the bone. I was told I would for sure have arthritis and that dancing and running are a thing of the past because of stability issues. A perfect example would be last week I stepped on an uneven surface and my foot rolled and so did I.... I flew off the porch and landed on my hip and arm. A couple of days later my hip and back went to he@@ and I ended up in the ER in horrible pain. I have to be aware at all times of what surface I am walking on or things like this happen.

I really am tired of this and want to move on but I do not want to get screwed by WC either. I don't want to sign off on anything without future medical but I also am running out of energy and having to go through any legal stuff right n ow makes me ill.

Any advise for this Klutz?

Your words that I highlighted in red... those are exactly why I would get an attorney.

Remember WC does not work for you.... it's there to protect the employer.

The will do whatever they can to keep as much of their money as they can.

A good WC lawyer will take a lot of the stress off of you. Call around... many will talk with you (initial consultation) for free.

I wish you the best!!

Abbie

***The above is only my opinion... (I have never worked in the legal nor WC field...) as to what I would do.... I know that WC docs had rated me as 6% and 8% disabled in lower part of one leg only... I had two doc's not associated with case nor me that rated me as 70% and 85% disabled total body. (this was done due to assistance from a lawyer who arranged the appointments stating that he needed me examined for a disability rating and provided them with a copy of my medical record....)

Really though... just do what you feel is best for you. I do truly wish you the best.

I am afraid I can not whole-heartedly agree with Abasaki on this. Queen, if you have already been rated for the injury to your foot, unless it comes back ZERO, getting a lawyer just means 25-33% of your award goes right into the lawyer's pocket. Most states see the arm, leg, hand, foot, etc. as SCHEDULED members, with a set sum or set percentage of the body as a whole with regards to the final award of disability. Be a little more patient. . . . you are waiting for the normal flow of paperwork from the doctor's office (dictation, proofing, and mailing) to the claims adjudicator's desk to you. A lawyer, I am afraid, might slow that process to a snail's pace. . . they often have that effect! (I am not anti-lawyer, mind you, I just that I don't recommend them in every situation!)

For example, in Iowa a 100% loss of your foot might yield 150 weeks of your regular weekly benefit. . . . and a 25% disability then would yield 37.5 weeks. Suppose your weekly benefit is $265 . . . that would be a total benefit for your loss of just under $10,000.

In the state of Washington, where I live now, the benefit is set by the state, a flat dollar amount no matter what your wages, education, or benefit rate was. So a dancer and a secretary would get the same $$ figure for that 25% loss of the foot. I never liked that about WA, but that is how the legislature wrote it.

The law was not written to screw the worker, contrary to what you hear. It was, however, written to balance between kicking the injured worker to the curb (historically, until the turn of the last century) and retiring anyone who gets injured on the job with full wages! Every state's worker's compensation laws and benefits are different. but in each state they are written to attempt to give the injured worker a benefit to live on while healing and to address any permanent effects of the injury after their healing is completed.

Check out my mini-history and explanation of worker's compensation here: http://neurotalk.psychcentral.com/thread44874.html

By the way, when a worker's compensation claim closes, it usually closes both disability and medical benefits. That is what the permanent disability is for . . . to cover the occasional lost day or need for an over-the-counter pain reliever. Only if you experience a worsening of your condition NOT caused by another new injury might you be able to file for reopening. For example, with a foot, in the future your bones in your foot must all be fused because the injury has caused degenerative changes that require fusion, then I wold think a reopening would be in order. However, there is usually a statute of limitations in reopening . . . seven years in some states, but varying state to state, I believe.

Okay, I have never been through this situation (WC) before so I do not know the protocol. I have gone to several web sites to maybe get some answers. Most of what I have read is " you need a lawyer". Well I have followed that advise and called 3 attorneys. All three were incredibly rude to me and all three asked me if I was working and have my wages decreased. I answered yes and no respectively. All three pretty much hung up on me without even asking me what my concerns were.

I have cooperated completely with WC and so far I have not had any problems with them. My concerns are...... am I going to have enough of a settlement to sock away for future problems. I know everybody says that you can re-open the case but I know personally of 2 close friends that are fighting tooth and nail to re-open.

The fact that the doctors don't listen to a dang thing that I say is bothersome to me. My foot feels no different then it did before PT etc. As a matter of fact it is worse. The doctors like to say " it looks better" . Well it does not t feel better.

I can't tell you how many times I have fallen because my foot is so unstable. Last week I stepped on an un-even surface and my foot gave and rolled. I fell off of my porch hurting my arm, back and hip. I had to go to the ER for pain relief and to the chiropractor three times a week. If I ever put my guard down for a second and not concentrate on my walking... I fall.

The surgeon said I am guaranteed arthritis and that without that bone, I could not run dance or anything else that required pivoting. The PM doctor seems to have disregarded this.

I not out to cheat WC but that is how I have been made out to feel. I tried my hardest to not collect any money other than medical using vacation and sick leave. I probably collected 1 month before I went to work elsewhere.

Interesting thing though.... I walked by the area that I tripped at and it still has not been fixed. It is just sitting there waiting to the next victim.

Anyway I shall take what comes and pray fervently that I do not have any more complications. Thanks for listening.

Queen

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

Queen. . . about your experience trying to get an attorney . . .

An attorney will not take your case unless they have a reasonable expectation that they can help you. I have stated before I strongly object to the blanket advice given many on comp that they must get an attorney. This usually comes from the idea that we must get more from our claim than is allowed, and that is what an attorney can do.

The main reasons to get an attorney to represent you in a W/C claim are:

1. Your compensable claim is denied.
2. There is a delay or denial of benefits that are clearly due you. This can be medical or time loss benefits.
3. Your claim is closed without your doctor agreeing that your condition is resolved.
4. Your claim for a serious injury with obvious permanent disability is closed without a disability evaluation or award.
5. Your employer fires you (or retaliates in any way) for filing a claim.
6. Your employer refuses to supply you with a claim form or in any other way tries to discourage you from filing a claim.
7. Your disability rating appears to be unreasonably low. An attorney may be able to help you get your disability reevaluated to consider aspects not before included, or increased based on new information.
8. It appears you may never be able to work again. You may need a lawyer to help you get a worker's compensation pension award.


NOT reasons to get an attorney:

1. Because everyone says you will need one. Why not wait until you see that you need legal help?
2. To get even with your employer. Do not drag your negative feelings about your employer into your claim. It is common and it is destructive, and usually leads to discharge for some other unrelated cause.
3. To get more. The laws of your state set parameters for the benefits you will qualify for. Only until after you have exhausted these should you see if you might benefit from paying an attorney to help you get benefits you feel you have not been awarded.
4. To make your employer treat you better. Most w/c lawyers are not the same as employment lawyers. . . and the issues you have with your employer are rarely resolved in the w/c arena. Your claim does not entitle you to an easier job, or better job security, than other workers. An attorney will not be able to change that.
5. To get rich off your claim. This is a myth. It is driven by hearsay about others who never had to work again after their "settlements." Back injuries and ACL tears are very common, and many people work long after their injuries make working less comfortable. Even a comp pension has limits as to what you will be paid.
6. To collect for your pain. Or the fact you are now divorced. Or forced to move. Or had to file bankruptcy. There is no pain and suffering or punitive damages in w/c.

The number one and number two complaints about attorneys are: they are rude to potential clients and they do not return your calls. And remember, once you have an attorney representing you, all communication must pass through his rude, uncommunicative self!!!! That means you will no longer be able to call your claims person to ask where your check is. . . you will now have to call your attorney when your check is late!

I have to laugh . . . I once had an employer who ordered video surveillance. They "caught" their employee complying with every single doctor and therapist recommended restriction. But they also filmed her shopping for school clothes with her kids at the end of summer. "How dare she?" was her employer's reaction. I suggested they calm down, as it was equally apropos to say "How dare she NOT?" A mother, after all, must do what she must do. And besides, she violated no restrictions while her kids tried on Nike's and picked out new jackets! Geesh! Some people can't be pleased. . . .


One more thing about your situation, if I read correctly. . . . being "nice" to your employer is noble, but letting them use you is not. If they had no light duty, you were supposed to continue to collect temporary total disability (in most states.)

One should quit a job for your own personal reasons, not out of a sense of duty to the employer who could not even accommodate restrictions following an on-the-job injury.

You hit it right on about the rudeness. I DO NOT want to deal with the arrogance. I actually am on good terms with the x ( boss Actually I get hugs when I go in to shop. You are the first one that has made me feel like I
am not stupid for getting an attorney. I am actually relieved. My saying is... It is Workers Compensation not... I can't do what I used to do in my free time compensation.

To be honest, I am more upset about the wishy washy Doctors than I am anything. They don't listen either

Thank you so much for your words of wisdom, I will probably post again when I get the results.