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 11:43 PM
jayne Wrote:crapola you need someone in your corner as it seems they are already trying to say you are turning down jobs....
Yes it looks that way doesn't it. Man did I make a mistake in working for this company. Who knew. Their counterparts up north did not seem to be as uncaring and conniving. Now I am stuck I cannot just outright quit because I do not care to be associated with such a company any longer r/t my injury which happened on the job and I cannot look for other work because of the injury,and I am without income so talk about a triple edged sword.
RE: Need ER can I go on workman's comp - hollywoodyed - 05-28-2009 11:46 PM
Bernie57 Wrote: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.
No sorry I did not find out what the dollar amt was for the MRI or if that is even an issue, I have been so upset after the HR email today that I cannot think straight. So tomorrow will be a day of finding legal representation but then it is Friday and probably won't get anywhere on Friday, but I will see. thanks for being there to listen.
RE: Need ER can I go on workman's comp - 1171 - 05-29-2009 11:45 AM
to win an argument with an adjuster go to a judge.
RE: Need ER can I go on workman's comp - hollywoodyed - 05-29-2009 06:40 PM
New day same song and dance: still nothing clarified, no copies of policy/procedures, no exact clarifications of duties, nothing in writing regarding liability of working while taking narcotics etc not even a hint of concern for me as a person just the latest email from my administrator:
HR has and will be handling this matter. However, please understand that when we are stipulating work we can provide to you, we also understand know and do follow the restrictions that are in place currently.
As HR emailed yesterday, we do need you to return to, and be available for, work immediately.
I spoke with 2 different law firms today but basically it was just fax us the information and we will get back with you. So here I sit and wait. I was suppose to be going out of state this weekend for a wedding but here I am in pain, and physically, emotionally and mentally drained now and very much disappointed in my employer who is suppose to be in the business of providing comfort. sorry gang for the long face you here in the forum at least take time to say a little something from time to time and it is appreciated.
RE: Need ER can I go on workman's comp - hollywoodyed - 05-30-2009 08:46 PM
Saturday update: received voice mails from Administrator requesting that I go out on a death call visit and wanting my availbility for the weekend to cover some home visits. 0735 a.m. and 0830 a.m. respectively. I texted the admin back and reminded her that per my emails to her earlier in the week I was off at least through 6/2/09 when I had another clinic appt and that I still had not received any written clarifications of job duties while working with restrictions and taking narcotics and since I still had pain issues I was not going to risk my health, my RN license or my patients. She texted back I need a DR order for that. Well since I was having increased pain and now some numbness and tingling in my left foot I had a friend drive me to the workman's comp urgent care clinic and was seen by yet another PA. This PA was more understanding and increased my muscle relaxer to 2x per day refilled my Vicodin and gave me an injection of Toradol and said that unless my job consisted of basically just dispensing medications I should not be working, that I should not be doing any lifting over 20# and to really avoid any lifting if possible and that I should not be doing much in the way of bending turning etc for any length of time just normal natural movements not straining to assess patients etc you get the picture. So she wrote on my report off work until seen again on 06/02/09 and also noted still awaiting authorization for further PT and MRI because she asked me if they had performed a MRI yet and I told her they had been awaiting authorization for a MRI since 5/22/09. This PA also called and left a voice message for my Administrator telling her that I needed to be off work at this time. Finally someone who understands at least temporarily. It still does not solve my pain issues, it still does not get me my TTD wage benefits (no money yet) to pay bills, but it at least for the moment validates me and my employer has to respect my no work order that is currently in place. At least I hope so.
RE: Need ER can I go on workman's comp - Bernie57 - 05-30-2009 09:06 PM
That is one for YOU. Make a dozen copies of that note, well,ok maybe not a dozen, but at least 2. There are several listings for lawyers & advocates of the injured on your states home page.
Wish I had gone through them. As for the PA, most are more informed then the doc's themselves. Many trained in the Military as medics. At least most of them seem to still care about the true well being of patients. Stay Strong, Bernie
RE: Need ER can I go on workman's comp - hollywoodyed - 05-30-2009 09:40 PM
Bernie57 Wrote: That is one for YOU. Make a dozen copies of that note, well,ok maybe not a dozen, but at least 2. There are several listings for lawyers & advocates of the injured on your states home page.
Thank you, I am trying to stay strong in spite of everything. This forum and members like you help me. Again thank you.
RE: Need ER can I go on workman's comp - comp8301 - 05-30-2009 10:00 PM
hollywoodyed Wrote:Was injured at work severe abd and low back pain went to authorized urgent care was seen by PA x3 and PT x2 pain worsening. Only 1 regular xray done no follow-up PT continues manipulation PA basically says suck it up. Pain is excrutiating meds not helping PT manipulation worsens pain can I go to ER?
In some states if you have designated a treating physician after your initial claim, the comp carrier will deny any other ER visit if it fails to meet the statutory definition of an emergency. In many jurisdictions the Legislatures, through the lobbying efforts of the insurance industry have defined "emeregency" as the a situation which poses a life threatening condition. They will deny it due to the fact that the carrier will state in the denial you have already designated a treating physician.
If you have not designated an initial treating physician you can go to the ER and be sure to give to the ER staff a medical history of the work related injury which brought about the onse of your condiition, so they can document it in the medical records, so that at the time the medical records get in the hands of an adjuster for the insurance company they can see the medical notation ot the work relarted injury describing the event which brought the onset of pain.
If your state allows the employer to designate medical care and you go to the ER without written authorization do so, the insuranc company will deny the bill due to the provider was not authorized to provide you treatment, due to the employer may not have authorized you to seek medical treatment from the medical provider who provided the ER services rendered for your medical condition.
Further, if you are not represented by an attorney many states have what is called an Ombudsman's Department, which will assist injured workers in filing their claim, who are not represented by attorneys, and will walk you through the maze of the process of workers compenasation which your state's Legislature had seen fit to codify into law, commonly known as the comp statutes.
Each state has a Department of Workers Compensation it is within this department where you will fine the Ombudsman's Office.
I hope this helps. I wish you the best of luck.
If not and the pain is truly severe, go to the Emergency Room
RE: Need ER can I go on workman's comp - comp8301 - 05-30-2009 10:38 PM
hollywoodyed Wrote:buildergirl1973 Wrote:welcome to the forum. if it was me and pain was unbearable i would go. have you filed claim? if so just make sure er knows it is wc. what state?
In reviewing your other notes it appears to me that your company may not have filed your claim for workers compensation, if you still have not been able to speak with the claims adjuster.
Call the state Department of Workers Compensation in California, they have several field office around the state in order to provide servce to the people of that state. I am in Texas I am a workers compensation specialist, for a company who owns and operates hospital in 12 states, California is one of them, I deal with these issues on a daily basis.
The Ombudsman's Office will help you locate the workers compensation insurance company for your employer and through that office will assist you in filing your claims for workers compensation benefits.
log onto http://www.california.gov click onto the workers compensation link it will lead you to the office closes to you. Call them for help prior to calling an attorney, belive me you will get quicker results.
RE: Need ER can I go on workman's comp - comp8301 - 05-30-2009 10:48 PM
Log onto the stte's website http://www.california.gov before you call any attorney they will assist you in filing your claim for workers compensation benefits and they will also tell you if your employer has a policy for worker compensation insurance in full force and effect as of your date of injury. If they did not have a workers compenation policy they purchased from a workers compensation insurance company and they did not meet the criteria set by the state to be a designated "SELF INSURED" meaning the state has provided them with a cerficate of authority to "self insure" allowing your employer to handle their employees' workers compensation claims, then call an attorney for assistance if the Ombudsman's Office is not able to assist you if your employer did not have comp insurance.