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As Per Tweety's Request: Games W/C Plays!! - Still in Limbo - 06-10-2007 09:56 AM
As most of you know, my injuries from work have left me totally disabled, allowing me many opportunities when I can set long enough to read a lot of sites, and my Attorney has been great on answering any questions I've had. Sometimes our phone conversations have gone on for 45 minutes to an hour, and you all know how rare that is today.
On another post, Tweety asked me to start a thread on the games w/c plays when they feel it's time for you to go back to work, well or not, so I thought I'd post a few that I know from experience and researching. Now trust me, I'm by no means an expert in the world of w/c, so after I post a few, please add to my list so we can better help the folks in the back to work time scenario of this Hell we live in called w/c!!
1) IME (Independent Medical Exam) A tool used by w/c to set restrictions for an injured worker to return to work. These Dr.'s are paid for by the i/c and more than not their job is to get you back to work A.S.A.P., sometime even before you've healed. These exams more than not are one sided towards the Employer and restrictions are set higher than the worker can perform. The best I can say about this is if at all possible, ask for a second opinion of your IME before returning to work, if by law you are not allowed one, please read number 2.
2) Staying within your restrictions: If you have no choice but to return to work with restrictions, by no means do you do anything outside of your restrictions. Employers/Managers have been known to try and ploy the injured worker to do something outside of their restrictions, either by a threat of being fired, or by putting the injured worker in a situation where they may have to work beyond their restrictions. If this occurs, contact either your Attorney or Treating Physician A.S.A.P. Do not do as asked if above your restrictions, and if sent home document time, who sent you home, and any witnesses that may have overheard. Try to get a written reason you are being sent home. The reason I've spent so much time on this subject is simple, if they can get you working above your restrictions, and document it, you can lose all of your benefits!!
3) Do Not Quit!: This is usually the easiest one for the Employer. They will find ways to harass you, upset you, anger you, belittle you, in hope that you quit your job. If you get to the point they want and quit, you are in jeopardy of losing your benefits. again, Document, Document, Document and contact your Attorney as things develop.
4) If you cannot work within your restrictions: Sometimes the injured worker goes back to work hoping they can work within their restrictions and get on with their life, only to find out they are not really ready to return to work yet. If this happens, and work is too painful to do, Inform your supervisor of your situation and ask if you can be allowed to return to your Dr. as you feel your not ready to come back yet. Hopefully they will allow this, but if not, and the pain is severe, go to the ER Immediately for care, and make an Emergency Appt. with your treating Dr. If your Dr. pulls you from work, your benefits will be reinstated until the Dr. releases you back to the workplace. If the Dr. does not pull you from work and you feel they are wrong, contact your Attorney and request a second opinion of your injuries.
5) This probably should of been first, but I wanted to get some workplace info. out there before this. As the bottom of my Signature reads: "Workers Comp. is not a road to be traveled alone, know your rights and Protect them nobody else will." I can't stress enough having a certified w/c Attorney on your side to help you along the way while being an Injured Worker! So many time I've seen folks come on the Board here asking for help, and it's too late to help, the damage is already done. If you are reading this post, for example, you must feel somethings not right with your case, therefore you are looking for assistance. Hire and retain an Attorney!! Your Medical care and livelihood is at stake as an Injured Worker, and you need your rights protected!!
Now I could go on, but this is already a Novel, but I feel a good start to answering some questions. Please everyone, feel free to add to what I have posted, correct me if you think I am wrong, and let's keep this post going with valuable info. I know there are folks out there with more to add, and I hope you all do!! Have a Great Day!!
RE: As Per Tweety's Request: Games W/C Plays!! - Sithie - 06-10-2007 12:35 PM
You are terrific Limbo and Thank You!
RE: As Per Tweety's Request: Games W/C Plays!! - chrischris - 06-10-2007 02:26 PM
Intimidaton tactics are a huge part of the game.    The best way to fight intimidation is to KNOW YOUR RIGHTS.    Learn about WC and how it applies to your State, and to your case.  Not all injuries are created equal and the more money the injury will cost,  the more aggressive the CA will fight to discredit you and your claim.  IC's have all the money they need to hire the big guns.
If you are able, manage your claim yourself by educating yourself, seeking legal "advise", talking to Information and Assistance Officers when your CA says something you don't understand or don't think is right.      When you get to a point you feel you can't help yourself, then hire a good certified Worker's Comp attorney.
The only reason I say wait to hire an attorney is because when you do, you are basically taken out of the picture and everything has to go thru your attorney.    You no longer have control.   ÂÂ
Don't get me wrong.  There is nothing wrong with hiring an attorney, and that is where I am now.  My IC is fighting tooth and nail to intimidate me.    They know my claim is valid!    If it wasn't for advice from others who have been there, done that, I would be totally screwed now.    Take charge of your claim.
BTW 1171, I bought the NOLO book and downloaded it from the site to my computer.    It's great!    THANKS for all your help and spending so much time to explain.
RE: As Per Tweety's Request: Games W/C Plays!! - Bummer Knees - 06-10-2007 03:27 PM
I have to mention this...on this thread.
I was injured 19 months ago and have been off work since my first surgery.
One of the most recent games my employer tried with me was
to try and get me back to work by accepting a position that was not within my restrictions. The position required frequent bending, kneeling, the ability to be on one's feet all day and lifting up to 100 lbs. The job was working as an Early Childhood Teacher in an Infant Toddler Classroom; I feel I would have been placing the children at risk by working in this classroom.
I need a total knee replacement and have back injuries.
After I pointed out the work requirements of the job and my work restrictions to my employer, I was continued on leave until further notice.
I am not for sure what the employer or IC would have gained if I had accepted a job out of my restrictions.
Thanks to Limbos advice I did not accept this job.
RE: As Per Tweety's Request: Games W/C Plays!! - red1030 - 06-10-2007 03:37 PM
Another tactic that the IC and the employer has is to take you to MMI right away with a doctor who then tells you that it is not work related. They like to throw out the words "degenerative bone disease" which is not caused by an accident but by the aging process. However, without an attorney most of us would not know that even if this were true that the injury is a desgenerative bone disease that there is such a thing in the law called aggravated insult. Which basically means that it does matter that a person is growing older an has "dengererative bone disease" because it was aggravated by an injury at work and make worst. The IC do not like you to know this. They want you to walk out of the doctors office who is putting your at MMI and stating to you that it is not work related to walk away and forget about it. A lot of people do this. It is most unfortunate. This is a good post. I am sure many others have a lot more experiences to add.
RE: As Per Tweety's Request: Games W/C Plays!! - tweety00 - 06-10-2007 05:02 PM
Thanks for all the  pointers
Would mmi ,to your all better, to hey no mney, be one of their tricks too ?
RE: As Per Tweety's Request: Games W/C Plays!! - Still in Limbo - 06-10-2007 07:26 PM
Tweety, sorry I didn't understand that one, I know your computer is goofy, please try again!
To the rest of you THANKS! Let's keep this thread going with more ideas!!
RE: As Per Tweety's Request: Games W/C Plays!! - tweety00 - 06-10-2007 09:30 PM
limbo ok first the claim was for back and hip ..i/c changed it to hip and knee nd accepted it
they stated that back ,tingling ,legs ,neck , werent work related ..
Then ive been released , put at mmi , aggevation of facets are all better (imsupposely cured!) there will be no settlement since your all better .. no lose!
This is where i'm at and seems like no doctors want to touch the back ..
but they all say neck is the big problem right now
Ok so if im cured why am I still having tingling burning and back pain etc
Question is this ,have you seen this type of games played before .?
RE: As Per Tweety's Request: Games W/C Plays!! - capricorn - 06-11-2007 07:46 AM
Morning all........Wonderful post. I would jsut like to add that my employer when it comes to emploees returning to light duty have some small print at the bottom that alot don't read. One woman was sent back sedentary. Her job is on her feet all day with lots of lifting. They wrote the job description saying she could go at her own pace, no lifting, pushing, pulling. She thought it sounded within her restrictions. Luckily she read it thoroughtly At the bottom it said "In the absence of the head of the dept., since you sre the ssistant you agree to cover his job totally". That would have involved her being so far outside of her restrictions it's not even funny. Luckily she caught this and refused to sign or one day in the near future she would have lost everything. Believe me the supervisor would have told her head of dept. to take a few days off just to nab her either working outside her resreictions or reufsing to abide by what she signed. In less than 4 months they offered her this again in front of the JUdge. She refused and told the Judge why. They settled that day with no complications. Just another game some employers play.
CAP
RE: As Per Tweety's Request: Games W/C Plays!! - Still in Limbo - 06-11-2007 10:33 AM
Thanks Cap, that was good info!!
Tweety, to answer your question, yes. They will find any way to take away any part of the injury they can, thus lessening their responsibility and costs. Have you had any conversations with an Attorney about this? It sounds as if you were originally accepted with a back injury only to have it changed, you may have a legal standing, but only an w/c certified Attorney can tell you for sure. Please keep us informed and Best of Luck!!