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11-24-2010, 10:33 PM | #1 | ||
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New Member
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Just found this site. There isn't anything you can't find on the web and that's why I love it. I thought I would ask some questions figuring there might be others that have went down the same road with the same injury.
I work in corrections......I received a concussion while being assaulted by 2 inmates receiving multiple blows by both to back of head and wasn't off work very long and returned very promptly as I felt like I was able to even though others told me to take time off. I had occasional headaches and such but nothing that was alarming. Well 6 months later I am assaulted again by an inmate receiving multiple blows to head. This time I don't go back due to all the symptoms that many of you are well aware of. After being off work 2 months I tried going back on light duty. Well after 2 days of basically doing nothing my headaches got worse, anxiety got worse, started having dreams of incident and work. I had to contact Dr. and was taken back off work. I am now waiting to see a Neurologist. I am starting to think about other options. Is there anyone that can help me with other options? I have heard people getting permanent disability for less severe cases than mine. What exactly does this entitle? Does this mean I get a check and am retired or what? Do I take legal action for pain and suffering and for future losses? Don't get me wrong, I am not a person that looks to get rich quick off a lawsuit for spilling my hot coffee at McDonalds or anything but I am more worried about my future and my family. "IF" I return to work there is not a question of if I will get assaulted and possibly hit in the head again but only "WHEN" it will happen. Also, they are looking for other avenues to fire me and I feel I need to protect myself. Sorry for the long post but I know that the people here suffering with the same issues would be the ones that would understand. Thx. for any advice and guidance in advance. |
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11-24-2010, 11:54 PM | #2 | ||
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Legendary
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First you need to contact a lawyer. Because you have a very unusual
situation. I believe that as long as they are looking for ways to fire you, that you are in danger of losing what they owe you. Also I would have all medical records kept in a place that you can easily find it. Make sure the doctor's list all the things that have happened. I can't give you any idea about the disability SSDI, as to whether you will qualify. So a lawyer, to protect yourself is first step. Donna |
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11-25-2010, 12:43 AM | #3 | ||
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New Member
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Would I be looking for a workers comp. lawyer or personal injury? Thx. Mike.
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11-25-2010, 02:17 AM | #4 | |||
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Legendary
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Hello and welcome to NeuroTalk. Happy to see you have come to be with us. Just let us know if we can be of any help. Check out the following forums: http://neurotalk.psychcentral.com/forum32.html http://neurotalk.psychcentral.com/sh...highlight=SSDI There are great number of fellow members here to assist as possible. My thoughts and prayers are with you. Again welcome, looking forward to seeing you around. Darlene
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11-26-2010, 12:33 PM | #5 | |||
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Elder
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Hello Adrenaline Junky and WELCOME to Neurotalk!!
I see Darlene as provided you with a couple of good links to get you started... Here are a couple more Forums: Traumatic Brain Injury & Post Concussion Syndrome: http://neurotalk.psychcentral.com/forum92.html Layoffs, Unemployment, and Workers Compensation: http://neurotalk.psychcentral.com/forum30.html Re: needing an attorney... I'm not a professional in this matter but since you were injured at work.... I would suggest obtaining the services of a WORKER'S COMPENSATION ATTORNEY... One who specializes in Workers Comp. (if you are a union member... you may want to contact your union steward for advise on this matter as well) Social Security Disability: http://neurotalk.psychcentral.com/forum28.html If you are considering filing for SSDI/SSI... I would suggest contacting an attorney who specializes in SSDI/SSI. I'm not recommending one over the other but you can try Allsup, Binder & Binder, or a local disability attorney of your choice. Please feel free to roam around and join in anywhere. Also, please don't hesitate to ask for help if you have any questions or need any assistance. Someone will always be along shortly to help you in any way that we can...there is a wealth of information here from a GREAT group of CARING members. I hope to see you around the boards. Abbie
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My avatar pic is my beautiful niece Ashley! . Rest in Peace 3/8/90 ~~ 4/2/12
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"Thanks for this!" says: | Dmom3005 (11-26-2010) |
12-04-2010, 10:10 AM | #6 | ||
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Hi and Welcome: Truly admirable work and a frightening tale to say the least. If a company "foresees" a lpotential lawsuit, they will try to force an employee out before things escalate. Generally.
Get an attorney immediately to advise you on future decisions and will suggest necessary protocol for you. Keep all medical records. Keep a daily record of physical pain, limitaions - emotional impact - reactions or symptoms to being at home, returning to work etc. If you have disability insurance at work this will probably - in the long run - be more advantageous for you financially. I should have gone this route but was too ignorant at time of work related injury and am now on regular disability which is a blessing for me as my basic needs are well met - but I would have been more financially stable had I been reimbursed through my disability Insurance through the company I worked for. Prepare for a long battle and LOTS of paperwork. Good Luck. I'd get a workman's comp lawyer first, also. In short, You want the company to agree to have the insurance company lock into paying you for physical or emotional trauma over these incidences and loss of current pay or future pay.
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DX: Graves Disease DID=Dissociative Identity Disorder Kidney Disease Liver Disease MG Occular MS - Bladder/Bowels/cognitive/muscular/fatigue Partial Complex Seizures of Frontal/occipital focal radiating into an encephalic whole brain high intensity centralizing in autonomic system area. Brain atropy/brain tumor/brain skull thickening Transient Periodic Paralysis . . . . |
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12-04-2010, 06:55 PM | #7 | ||
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Magnate
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After all, the devil IS in those pesky details for sure.
Get copies of your medical records and be sure that you get copies of all test reports! These may cost at some doc's offices? But, it's a lot cheaper than if a lawyer asked for copies...they can exclude what copies of copies YOU provide them with. As for keeping records? I use steno pads, they're more portable and you can change pages for different folks. Just be sure to date and time log any meetings with anyone! Advice about lawyer or lawyers is totally correct. IF you fear that you mite be fired for not performing as normal? What about asking for what's called 'light duty' for the interim, until your diagnosis is firmer and all other building blocks for you are in place. Do you have short and/or long term disability? That makes a whole other slew of obstacles that you should address and not delay on...therefore a good disability attorney is what you need. I hope you get a 'good guy' and not one of the others We as a group, just don't need those parasites! Any lawyer who doesn't 'guarantee' you anything, is a more likely honest one than those who do! My heart is with you and keep up the fight! It's harder now, but you must do it for the long term! It does sort of get easier, once you understand that legal lingo, as you must learn about the 'medical lingo' as well. Leave the lawyer to the first language for now, learn the medical for YOU! Hugs and hope! !!!!!! - j |
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12-06-2010, 09:54 PM | #8 | ||
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New Member
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I have contacted an attorney and he is familiar with my state employer. He told me alot of information. Alot that I have forgot lol. Basically I cannot get a permanent disability because I haven't worked there but only a little over a year. He said I need to go see a psychologist and that there is an "award" I will probably get which isn't a whole lot. $2500 to $5000. And it seems there is nothing I can do if I get fired except I could be provided a vocational work program that I guess the employer or bwc would pay and then they would have to pay 2/3 of difference in pay for up to 4 years if I got another job. Alot to take in. It just doesn't sound right that I can have this happen and can possibly lose my job and suffer permanent damage regardless of how severe and they not be held highly accountable. He said I need to see the psych and probably have PTSD. He told me that OIL would not cover this so that explains why nothing has been treated about my emotional and mental well being. Not only the headaches but I don't want to be around crowds of people or strangers and have been very irritable and get angry easily. My wife is afraid to do anything with an attorney due to backlash but i'm already targeted. I think I am going to go ahead and use his services though. If anyone has any input on the situation it will greatly be appreciated.
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