worker's comp
 

Hey all.

Been reading everyone's posts. Trying to stay informed of what everyone is going through. I see a lot of the same things here on my end. But, I have a question. Kind of feel weird asking so don't feel obligated to answer with your own personal answers. so here goes:

I'm involved in a worker's comp case. I know its going to take time. Lots of time to get through all the therapy and doctor visits and what all I have to do. But at the end, I was told there was an index of disability. That if I don't get back to my normal, that the worker comp company will have to pay me. and I looked online and I know what it can cost for an arm and a leg.... literally. but not for cognitive functioning and mental health. It's already been 9 months. I feel worse than better. And I want to be better. I want to work. I am not safe to do much by myself. Especially when I am stressed and not able to think. Just curious if any of you are out there have had something similar? Payouts? Success stories? Yes... I have read the success stories tab. But, I am still asking.

Thanks
medic

Find the best, most experience Work Comp attorney you can find who understands subtle brain injuries. www.tbilaw.com and http://subtlebraininjury.com/ has good information about the challenges you face.

I could not find an attorney to represent me so I had to go it alone. I lost.

Mine is a work comp case too. Yes, you need a lawyer. I wish I had gotten my lawyer sooner. Different states have different work. comp. laws, but in my state, I don't have to pay the lawyer out of pocket, he just gets a percentage of my settlement. A head injury pays out a maximum of $20 K for settlement. If I'm not able to work full-time ever again, that's not very much in my opinion. The laws in my state are made to protect the corporations, not the workers.

They do not value loss of cognitive functioning, but they do value loss of vision or hearing, which I have. But you will have to settle at some point. Only when your doctor declares MMI (maximum medical improvement). Basically that means there is nothing else MEDICALLY that the doctor can do to help you improve. It is important that the doctor making the decisions for you and communicating to work. comp. is on your side. If not, see if you can get a different doctor.

Take care

*admin edit per guidelines*

I to was WC, exept I had a third party case also....Took over 7 years to come to an end...I will no longer work or earn a living again....

Good luck, and lawyer up!.. Your going to need it....as it was said already, this stuff is all rigged for big business...not us the regular Joe worker...

My doctor cleared me to work, but it has to be a sitting desk job and preferably away from people. and since I was forced to quit my last job, finding one that will do that, and will let me go to all my worker comp appointments is not really happening. and, I can't get my unemployment cleared. So I suck. And.... just today found out that they can't probably approve my mental health therapist to be on the list so I can see her with the worker comp paying. Its just not a good day. I have all of $13.88 to my name. haven't had any income in 6 weeks. just trying to hang in there. Don't want a lawyer. Just want to move on. But I'm lookin like I won't get to unless I lawyer up. Grr. Support?

You need to apply for Social Security Disability and SSI income. Your local Social Security office or county Social Services office may be able to help you. SSI is an automatic application when you apply for SSDI. You will likely get denied for SSDI but may get approved for SSI. SSI is designed to help with immediate financial needs while an SSDI application is processed.

You can also start the application online at www.SSA.gov It's worth getting an application started in case you can not find a job that you can tolerate.

Yep...you really messed up your claim by quitting....Its a huge game, and the deck is against you even before you quit....

You really need a lawyer to help you with your decisions.... No joke...

I had to. You weren't there. You don't know what they did to me. I just want to be happy. I secured a statement that the hospital wouldn't contest any unemployment claim that I made. and would pay up. But, i guess not.. we will see. I sent in some stuff yesterday. I got confirmation that it got there. just trying to stay alive. it's triggering all my stressors and breaking down any work I had done to be better.

*edit*
Again....Your one and only chance is to talk to a lawyer...If he is a WC attorney, it is free, and only charge if you win any part of your case....

See its impossible to be on WC and unemployment at the same time....Its one or the other....

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and for SSDI I believe you have to be off work a year to collect it? Its been a while since I had to go through it and forgotten most of the "game"

davOD,

I think you need to tone down your posts. Medic has enough stress already.

Regarding SSDI,

You can start the SSDI application. The SSI is part of the application process. SSI is a way to fill in the gap until an SSDI application is completed and qualified for. The one year period is not hard and fast. There are ways to get around it.

HR people often use unethical tactics to limit the liability of employers. medic got mislead by HR. His WC claim should have kicked in as part of his dismissal from work. The behavioral struggles of a head injury can make it so the employer can misrepresent the reason for the termination.

YES, medic needs an attorney. Any struggles from here on will be due to refusal to seek an attorney.

It would be helpful if we knew what state you live in. WC laws differ from state to state. Maybe we can help research a WC attorney if we knew the local area.

Medic...I worked for 3 years after my injuries but I too quit. I returned back to my home state where my support system was when I was declared permanent and stationary by California WC. I had to quit whether it damaged my settlement or not. We do the best we can. To be brain injured and figure all this out is so hard. I have a lawyer and she is totally unhelpful. She will be walking away with a portion of my settlement that I had obtained before hiring her. So if you get a lawyer do your homework and get a good one Some states have terrible WC systems. I wish you the best of luck.

ffmedic112
We have a forum for WC issues here.
http://neurotalk.psychcentral.com/forum30.html

Hopefully you will get helpful info there

Check your state website for work comp info..
You might be able to file a wc claim after the fact, even though you did quit.. something to check on..

But it is a stressful system , paperwork/paper trail- and proof of injury is very important.. a solid long term doctor treatment record is a plus.

interview/consult with many wc attys before signing with anyone..

Often if they think you might get some compensation they will say anything to get you to sign with them, then only do minor case work and hope for easy money.. be aware.. some are good and some are lax... research them as best you can...