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-   -   PCS and Work Comp (https://www.neurotalk.org/traumatic-brain-injury-and-post-concussion-syndrome/165491-pcs-comp.html)

Scott in Fenton 02-23-2012 07:27 PM

PCS and Work Comp
 
Has anybody here gotten PCS from a work related injury? I hit my head on a 3 inch PVC pipe walking backwards in a basement last December, and I've been suffering PCS symptoms ever since. It's still less than 3 months, but getting close to it, and I don't see a ton of improvement. I could use any advice on how to prepare myself for the employer side of things: who has been terminated at the 91 day mark, when to seek out a lawyer, when to seek SSI, etc. I despise the thought of a lawyer, I have never sued anyone for anything in my life, but I also don't want to be blindsided when I am the sole bread winner in a family of 4. I'm a guy who has never been unemployed more than 2 weeks at a time, has worked multiple jobs when necessary, and found the time to go back to school, finish my BA and start an MA while doing all this, and now I'm a hermit or vampire hiding from the sunlight in a dark apartment, and my boss is wondering when I'll be back. I'm afraid of what they might do if the answer is "well, it looks like it may take 6 months or more". Any suggestions?

Thanks in advance,

Scott

wdl6591 02-23-2012 09:13 PM

Do you work in a "right to work" state?

You mention 91 days. Are you in your probation period?

Did you report the injury when it happened? Documentation is key.

Were you diagnosed?

Have you missed work?

There are many posts here that cover a lot of this information.

Good luck to you.

Scott in Fenton 02-23-2012 10:18 PM

Quote:

Originally Posted by wdl6591 (Post 855009)
Do you work in a "right to work" state?

You mention 91 days. Are you in your probation period?

Did you report the injury when it happened? Documentation is key.

Were you diagnosed?

Have you missed work?

There are many posts here that cover a lot of this information.

Good luck to you.


Not a RTW state, but not a union job either.

I mention 91 days b/c I thought that was the legal limit they have to keep me employed under FMLA.

I did not report the injury when it happened, but did receive diagnoses from multiple doctors and had two eye witnesses to the accident.

I have not worked since Dec. 13th.

Thanks, I hopefully will find posts as I read more and more threads here. Thanks!

xxxxcrystalxxxx 02-23-2012 11:37 PM

Hi scott,
I'm sorry you got injured. I got hurt at work about seven months ago. I got terminated
About a week ago. My advice is to get an attorney. Someone who specializes in workmans comp. This attorney will advocate for your rights. Wmc can be very confusing especially with the head injury. They will make sure your getting the proper treatments. I wouldnt focus on social security yet. its good to ask your attorney about long term. Its quite a process and you need to focus on healing while you still have time. I was let go. In the employment handbook it states they can terminate you if you are out so many days. I had exceeded it. They were hopeful for my return. Unfortunately pcs has a plan of its own. I have a wonderful attorney so I dont have stress about my future but more my recovery. We all have families and lives that are stressful, money, health and the uncertainy of whats to come. The fear of the unknown. All so challenging, especially when your the working one and have people depending on your income. All I can say is I have to remember how the neurosurgeon looked at me and said to me and my husband how lucky I was, did I realize how much worse off I could be.
I gave thanks and realised what becomes of me through out this journey is just going to be the person I have to accept. The old me just isn't there anymore. Im learning to let her go. The new me is much slower but the old me wouldn't slow down enough to enjoy life. So letting go isnt always so bad.
What im trying to say is relax, rest, sleep, light walks, rest, rest and more healing. Oh and an attorney.
Good luck. My thoughts are with you. There are a group of very helpful people here.

Mark in Idaho 02-24-2012 01:32 AM

Scott,

Welcome to NeuroTalk. Sorry to hear of your injury and even worse that it was a work injury.

Work Comp claims from concussion can be difficult to get adequate benefits. There are quite a few on NT who have WC claims.

Have you even started a WC claim?
What has your employer been told about your injury?
Does he know it happened on the job?

You are likely going to need a good mTBI Work Comp attorney. Just a good WC attorney will not be good enough. Concussion injuries are tough to represent.

Are you in Fenton, MI or Fenton, MO?

Different states have different WC regulations.

I can research for a WC attorney in your state. I know what to look for.

If you employer knows you were injured on the job, he is responsible to start a claim for you. Many do not do this and it can be held against them.

You need to be prepared to fight hard. This is not like you are suing your boss. You pay these insurance premiums with your paycheck, just on the employer's side like FICA taxes the employer contributes on your behalf. You have earned your Work Comp benefits. The Work Comp insurance company pays you, not your employer.

What symptoms are you having the most trouble with?

We'll do all we can to help.

My best to you.

Scott in Fenton 02-24-2012 07:25 AM

Quote:

Originally Posted by Mark in Idaho (Post 855062)
Scott,

Welcome to NeuroTalk. Sorry to hear of your injury and even worse that it was a work injury.

Work Comp claims from concussion can be difficult to get adequate benefits. There are quite a few on NT who have WC claims.

Have you even started a WC claim?
What has your employer been told about your injury?
Does he know it happened on the job?

You are likely going to need a good mTBI Work Comp attorney. Just a good WC attorney will not be good enough. Concussion injuries are tough to represent.

Are you in Fenton, MI or Fenton, MO?

Different states have different WC regulations.

I can research for a WC attorney in your state. I know what to look for.

If you employer knows you were injured on the job, he is responsible to start a claim for you. Many do not do this and it can be held against them.

You need to be prepared to fight hard. This is not like you are suing your boss. You pay these insurance premiums with your paycheck, just on the employer's side like FICA taxes the employer contributes on your behalf. You have earned your Work Comp benefits. The Work Comp insurance company pays you, not your employer.

What symptoms are you having the most trouble with?

We'll do all we can to help.

My best to you.


Mark,

thanks for the info. I am in MO, not MI. Work comp is already working on this, they have assigned a "nurse" to follow me to every neurologist appt. and all the bills are being paid by that organization. I have 6 months short term disability at 100% pay, 6 months at something like 60% long term. I don't know if they will let it get to that point though, and that's what I'm concerned about. I guess the sensitivity to light is the worst part; I have Depakote that handles headaches for the most part, but if the sun is too bright one day or I get too much bright inside light I get headaches anyway. I have no stamina for anything physical, get cold sweats after 30 minutes of washing dishes or putting clothes away etc. I have been lucky apparently, that my cognitive functions have only been slightly affected; I struggle for words sometimes, and I'm easily irritated and short fused, but I did not forget any part of my life or lose any part of my knowledge. I was able, in fact, to continue my master' degree work this semester, after missing a couple weeks; I have to wear my sunglasses in class and ride the train to school but at least I can still do it.

thanks again for your help, I'll be looking around the threads for info but if there's anything you can offer I really appreciate it.

Mark in Idaho 02-24-2012 02:36 PM

I am confused. What symptoms are preventing you from working?

Scott in Fenton 02-24-2012 03:01 PM

Quote:

Originally Posted by Mark in Idaho (Post 855249)
I am confused. What symptoms are preventing you from working?

Light sensitivity, headaches, exhaustion/lack of stamina. I can piddle around in the kitchen for maybe 30 minutes then I have to rest for an hour or so.

Mark in Idaho 02-24-2012 03:13 PM

Has anyone suggested changing to something besides the Depakote? It causes drowsiness and can cause chills.

Many here use amitriptyline for PCS head aches. A dose of 10 to 25 mgs has shown to be helpful.

Have you tried anything to see if your head aches are upper neck related? The muscles that connect between the cervical vertebra and the skull, especially behind the ears, can spasm and cause head aches.

Many of us wear sun glasses and even hats to lessen the impact of bright lights.

Have you tried a combination of Tylenol and aspirin at max doses of each to help with the head aches. Depakote is a very strong med for just head aches.

Scott in Fenton 02-24-2012 03:29 PM

Quote:

Originally Posted by Mark in Idaho (Post 855254)
Has anyone suggested changing to something besides the Depakote? It causes drowsiness and can cause chills.

Many here use amitriptyline for PCS head aches. A dose of 10 to 25 mgs has shown to be helpful.

Have you tried anything to see if your head aches are upper neck related? The muscles that connect between the cervical vertebra and the skull, especially behind the ears, can spasm and cause head aches.

Many of us wear sun glasses and even hats to lessen the impact of bright lights.

Have you tried a combination of Tylenol and aspirin at max doses of each to help with the head aches. Depakote is a very strong med for just head aches.

Mark,

I do use sunglasses anytime I step outside the house, sometimes inside the house if I use the computer. My neuro put me on the depakote, and since it is a work comp situation I have to follow his instructions or get screwed. That's one of the situations I'm wondering about, if a work comp attorney can get me a different doctor, or at least get me a second look. No one has mentioned my neck; I've had a CT and an MRI on my head, but I don't think they got the neck in there. This is foreign territory; I'm 46 and never missed work for more than a couple of days due to illness. Never been unemployed more than a couple weeks. I'm doing ok now, the short term is paying 100% until June, and hopefully by then I'll be ok, but I'm wondering if I need to consult an attorney now anyway, just in case.


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