[dagm131]

after 2 spinal surgerys my job told me that i couldn't work there anymore because i was two disabled, i got hurt on the job , so they put me off on total disabiity, i was a janitor. now wc is giving me a hard time and saying i never broke my neck and back. isn't it illegal to be put out permanantly this way and cann't i sue them for this, please reply as my wc lawyers are talking a section 32 which will only get me 30,000 and after paying back disibility and lawyers that leaves me 500.00. which does nothing. wc won't even pay doc or prescriptions so i have been in very bad pain, don't know were to turn, sometimes it's medicine or food and i am getting sued by all my credit cards. please help d

[Jomar]

The best suggestion I have at the moment is to get all records, dr reports, all tests or films {x ray, MRI films, etc} and copies of all bills related to it.

Get everything organized by type and date.
Bills
tests/films
Drs notes & medical records
correspondence { letters, faxes or emails} from wc, atty or drs

I wish someone had told me to do this with my wc case- i just trusted that atty and drs would do things the best way.

my atty didn't have all the info or all the bills for my case - they asked me to gather stuff up at the last minute and tell them the bills.. I wasn't expecting to have to do any of that, so i was rushing around finding all the letters, bills and other papers....

You should be able to change atty if you feel they aren't doing a good job for your case.
The next important thing is a paper trail- - was timely documentation of the injury filed to employer & wc , medical records of the injuries, witnesses at the time your injury happened?

[lisa_tos]

Originally Posted by dagm131

after 2 spinal surgerys my job told me that i couldn't work there anymore because i was two disabled, i got hurt on the job , so they put me off on total disabiity, i was a janitor. now wc is giving me a hard time and saying i never broke my neck and back. isn't it illegal to be put out permanantly this way and cann't i sue them for this, please reply as my wc lawyers are talking a section 32 which will only get me 30,000 and after paying back disibility and lawyers that leaves me 500.00. which does nothing. wc won't even pay doc or prescriptions so i have been in very bad pain, don't know were to turn, sometimes it's medicine or food and i am getting sued by all my credit cards. please help d

If work comp states that your injuries are not work related, take that letter and your MRI's, surgery reports, doctor reports, and apply for social security (SSI or SSDI) and Medicaid or Medicare, depending on what you qualify for. It's best if you can get a doctor's report stating your limitations.

If you later get the injury admitted as work comp, Medicare will seek reimbursement for the medical bills from work comp carrier. I don't know how exactly that works.

If you get awarded disability payments for the period that work comp is not paying them, they will have to be paid to social security.

Medicare will pay for a pain mangement clinic, steriod injections into your spine, spinal cord simulators, inplantable pain medicaion pump, and, to some extent, oral pain meds.

[lefthanded]

An employer can not fire an employee for filing a worker's compensation claim, as that would be retaliatory. However, they can terminate employees who are unable to do their job.

If your doctor will not release you to work without restrictions, your employer does have the right to replace you, because they have a job that needs to be done. If you have restrictions but your doctor feels you can work, your employer should evaluate whether they can accommodate those restrictions under ADA. If this is the case and your employer did not see if they could find a way for you to work, file an ADA claim.

If you were hurt on the job and you have not yet received adequate treatment to effect as much healing as is possible, and your lawyer wants to settle now, I would see if you could find a different attorney. It doesn't sound like he has your best interests at heart. In many states there is the possibility of a worker's compensation pension for those too disabled to return to work.

And getting your paperwork done for SSD is a good idea too.

In the mean time if I were in your shoes I would be seeing of social services AND my family could be of any help.