Need ER can I go on workman's comp - Printable Version
+- Workers' Compensation Discussion Forums (http://www.workerscompensation.com/forums/general)
+-- Forum: Category (/forumdisplay.php?fid=3)
+--- Forum: Injured Worker Forum (/forumdisplay.php?fid=4)
+--- Thread: Need ER can I go on workman's comp (/showthread.php?tid=7415)
RE: Need ER can I go on workman's comp - hollywoodyed - 05-28-2009 01:58 AM
Bernie57 Wrote:It seems that every State has there own rules & regs.Making you wait 8 months with a severe injury that is just wrong. I thought the goal of workman's comp was to get you back to work as soon as possible not permanently disable a person. who knew
Yes I make licensed nurse visits to Home Patients. Most of my patients are DNR but some are Full Code so yes I guess I could potentially be put in a situation of having to perform CPR. That is an excellent point that I did not even think of.
I left a message for the HR person to ask to see how to find out about when I should receive my TTD checks as I have not received any information or check as of yet 15 days after injury I have received no response.
I submitted inquiries to several online workman's comp attorneys got automated responses will see if I get a live person to speak with tomorrow. I have PT appt tomorrow, not looking forward to it as I seem to be in more pain after PT and without having approval for MRI yet who knows what damage could be done because of the unknown.
RE: Need ER can I go on workman's comp - hollywoodyed - 05-28-2009 02:02 AM
jayne Wrote:I wrote on my paperwork....anything pertaining to injured part of body.....but I didnt feel,my labor and delievery was any of their business
did they accept that?
RE: Need ER can I go on workman's comp - Lilly - 05-28-2009 09:40 AM
Great point about the non ability to preform CPR Bernie!
I would have never thought of that either.
Hollywooded....what kind of meds are you taking? Is it kosher within your company policy to take these meds awhile attending to a patient? You could possibly be impaired yourself.
RE: Need ER can I go on workman's comp - jayne - 05-28-2009 09:44 AM
Yes they did.....all they really need is the body part you are claiming...since mine was the spine cervical and lumbar nothing else was any of their business....I gave them full acess to any thing having to do with the spine
RE: Need ER can I go on workman's comp - hollywoodyed - 05-28-2009 11:29 AM
Lilly Wrote:Great point about the non ability to preform CPR Bernie!
That is exactly what I have verbally told and put in writing to my employer that I feel that it would be a liability for me to do field work while taking meds that I am suppose to be and need to be taking. That is why when they call and say we need you to go do this and it deals with patient care I refuse. How can they expect me to put my patient's at risk like that? They just do not get it. The meds are Vicodin Norflex and Naprosyn right now. They as of yet have not given me anything in writing showing what their policy/procedures are and I have asked.
RE: Need ER can I go on workman's comp - hollywoodyed - 05-28-2009 11:39 AM
jayne Wrote:Yes they did.....all they really need is the body part you are claiming...since mine was the spine cervical and lumbar nothing else was any of their business....I gave them full acess to any thing having to do with the spine
thank you, I am just in panic mode right now, not because I have anything to hide, but because it seems my employer is trying in every way possible to find a loophole so they do not have to pay the claim. I just want appropriate medical care and pain management and my TTD payments until I can get back to work and I do want to get back to work if at all possible, but when my body is able not because I was rushed back too soon.
RE: Need ER can I go on workman's comp - hollywoodyed - 05-28-2009 06:25 PM
Well had PT today, tens unit, heat therapy, massage, and stretches can anybody say OUCH! After putting me through the paces and giving me instructions for multiple exercises the PT states "They are still waiting for authorization from your insurance so this is the last therapy session until that is cleared up" So now no more PT (not that I am so sure it is a good thing without knowing exactly what the injury entails because we are still waiting for authorization for a MRI,) but what if it turns out that PT is a good thing and it is delayed because of authorization purposes? I received a couple of responses from attorneys but they are 1-1.5 hrs away from me and I cannot make that trek currently and they did not seem like a right fit in just the brief communication I had with them. So still looking for good legal advice. So here I am like the song says Stuck in The Middle Again. I left a voice message for the Insurance claims adjuster asking politely to clarify what she wants listed on my medical history just to show my good faith effort. I have not heard back from her yet. Neither have I heard from my employer. So I still have not received a TTD check nor do I even know if I will. So panic mode I stay in. So I am fine. definition of fine: Frustrated, Irritated, Nauseated and Exhausted
RE: Need ER can I go on workman's comp - Bernie57 - 05-28-2009 09:58 PM
Sounds like your WC insurance company, works the same way mine did. Did you find out if there is a dollar amount restriction on a MRI, or other proceedure. The State decides the dollar amount not the Insurance co. You may not have to wait for approval, I hope.
I fully agree with the other posts, screen your lawyers. When I was waiting the 8 months for the MRI, and 10 months for surgery I did have a lawyer! Talk about a really bad decision ! But I live in the subs. and all the lawyers seemed to work downtown. So I chose the one that kept me out of the city, city driving. Hindsight shows I should have shelled out the cash for a taxi, cheaper in the long run.
When life looks yucki, come to the forums. Lots of friend here.
RE: Need ER can I go on workman's comp - hollywoodyed - 05-28-2009 10:08 PM
It gets worse. I still have not been able to speak with the claims adjuster and the HR rep emailed me asking who besides the patient was present during the incident so I emailed him that information and again asked if he knew the status of my claim and would I be getting TTD? He then fired back an email stating: Hi :
Please do know that we have and have had since you were released with limitations back to work the following work available:
EOB (Explanation of Benefits) Visits
D/C (discharge/death) Visits
*During these visit types, you would not be expected to conduct any activities that include lifting over 20 pounds (as per your limitations) and should the need for this arise, you would need to contact the Administrator immediately for arrangements.
Therefore, it is expected that you return to work.
well I emailed back and stated: Respectfully,
I was not officially told of what was available until receiving the email today from you to which I am replying. I have not received anything in writing or policy/procedure telling me what the company policy on working with restrictions and I have asked for such information in writing via emails with you.
I have been available but only have been called to do a death call after 10pm on a Friday night after taking medications and not knowing that there would be a possibility of being called out and to do an EOB/Admission again that same Friday without notice and having taken medications and with increased pain and had an clinic appt that same day. I was not officially offered any type of work other than those 2 above mentioned situations. Again I will remind you that a death call is not just pronouncing and calling the appropriate people there can be lifting involved as with cleaning up the body.
My concern also is that I am to take my medications as ordered so what liability is that while driving for work purposes and patient care while taking narcotics? Nothing is certain on a home visit anything can happen at any time unexpectedly. What happens on the rare instance that one of our Hospice patients is still a Full code and needs CPR during my visit am I just suppose to say oh I am sorry I will just call for help and wait to they arrive? Granted a not a likely scenario but possible. EOB not likely lifting unless the EOB turns into an Admission then possibly. On call triage if just answering the phone and verbally triaging fine if no nurse available to make visit then the responsibility falls back on me to make the visit with potential for lifting.
But my main concerns now are that you are now suddenly stating all these were available yet nothing was formerly offered to me, I have yet to see your policy/procedure on working with restrictions and taking medications. If I do not take my medications my pain level rises and becomes a pain crisis by the end of the day and if we in Hospice know anything you want to avoid a pain crisis by being compliant with medications. So what is the liability of doing patient care and driving for work while taking narcotics? On call triage is that 24/7 or just certain hours, and with my phone or a company phone? I have limited minutes.
In chapter 6 of the Worker's Compensation in California A Guidebook for Injured Workers it states:
"You don’t have to accept an assignment that does not meet the restrictions. If you refuse this kind of assignment, you should clearly explain to your employer how it fails to meet the restrictions. If possible, do this in writing."
So I respectfully I am putting in writing again my concerns of being able to guarantee that I will not compromise my restrictions and the concerns over the liability of working while taking narcotic medications and muscle relaxers. I was never formerly offered alternative work, and have not been given a written copy of the policy/procedure while working with restrictions and taking narcotic type medications. I will not risk my health, my RN license and definitely not my patients.
So my forum friends what should I do now? I will aggressively seek legal counsel tomorrow I hope I can find a lawyer who is not an hour away. All input welcome.
RE: Need ER can I go on workman's comp - jayne - 05-28-2009 10:12 PM
crapola you need someone in your corner as it seems they are already trying to say you are turning down jobs....