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HELP injured in Louisiana, claim denied
08-29-2010, 12:30 AM
Post: #1
HELP injured in Louisiana, claim denied
Hi all, I am new here and have read tons of info and a lot of it has been helpful but not everything I need so I want to thank all of you in advance for your help and info. Okay on Jan 13th of 2010 I was injured on my job and reported it right away to our safety coordinator and he didn't act concerned at all and didn't tell me to seek medical care. Well the next day I was in tremendous amount of pain but went to work anyway as I needed this job very much and was just hoping that I had pulled a muscle or something minor and I could get through it well that wasn't the case and I was unable to even get out of the truck after I traveled for about an hour to my job site so my two co-workers said no problem since I was the boss anyway just take it easy today so I went about my administrative work on my laptop and while doing so I noticed a clients company vehicle pass by numerous times well it was about an hour later I get a call to come to the office so we headed in and while in route I again contacted my safety coordinator he didn't answer so I left him a message and reported my injury again and that I would need to seek medical treatment. I head on to the office and when there I am stunned to find out that the client had called my boss and told them I was in the truck and that my boss was being forced to terminate me so I begin telling him what had happened and he goes out of the room and comes back about 15 minutes later saying that I was being suspended while my accident was being investigated. My safety coordinator calls just to get my statement and says he must call corporate to see what to do. So I went home and never hear from him and by then I was in some much pain I couldn't take it no more so I just went to a medical clinic and had to pay myself after the clinic contacted the employer they said my claim was being denied, so the doctor prescribed my meds and off I went to begin this horrible ordeal. So after about 3 days I get a call from human resources telling me nothing of my injury investigation only that I was being terminated ( I was shocked) I tried to talk to her and explain my side but to no avail so after this I had no choice but to seek legal council well he got me an MRI and turns out I have two ruptured disc (c-5 and c-6 and my c7 is herniated) and now 8 months later and a totally depleted bank account and piles of bills I am going crazy. I have had virtually no medical treatment I went to my family doctor a few times and he refilled my meds but that was all he could besides refer me to the state run local hospital which takes months to get into so I wait my months get seen by some dimwit only to be given some crappy med that didn't work with no follow up that was it and I waited 3 months for that? Well I go back to my family doctor with my last 100.00 bucks to at least get my pain med refilled and he again gets me a referral to the same hospital except this time to the physical therapy department which after another 3 month wait I finally get seen by a therapist who checks me out and says oh you have herniated and ruptured discs and I was like no kidding. In the mean time I am now financially broke and I decide I would try and get some type of SSI/A or SSDI and after I told my attorney I had an appointment with social security he bluntly said NO WAY well I thought this must be something the workers comp lawyers have in place to try and starve out potential claimants? I am now fed up with no medical care and hurt so bad I can hardly sit here and type this and don't know what else to do. I was looking into applying for medicaid so I could at least go to the good hospital near my house but I just don't know how this will all affect me, is my attorney only looking to maximize his money on my behalf while I sit here and suffer this horrendous pain and lose everything that I spent the last 25 years working for? He recommended that I filed bankruptcy and after his persuasion and several creditors coming down on me I filed but have yet to go to any hearings for the bankruptcy well in the mean time I get my papers stating how much in bankruptcy I will have to pay per month and it is absurd to think that it was the thing to do as I can't even make one of those payments let alone for 5 years and I tell my attorney this and he says it's to buy me some time. So I come here asking for your knowledge and wisdom to help me out in this crazy situation, I have a wife and 2 kids and I feel like the worst person in the world when they ask me what we are gonna do and I have to say I don't know. I can't even pay my utilities this month let alone go back to my family doctor for meds that at least help somewhat and I took my last one just to get through today. I am sorry this is so long I just thought I should state all the facts. So PLEASE help as I am nearing my pill wearing off and debating on having to just go to the good hospital emergency room with my MRI. There is more but this is the immediate concerns. So again I ask is my attorney only looking out for his payday and not my pain and suffering? Should I apply for SSI and Medicaid? (will it affect my W/C case)? Should I get out of this bankruptcy before it's to late? Okay I can't sit here any longer so I will come back later. Thanks
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08-29-2010, 12:55 AM
Post: #2
RE: HELP injured in Louisiana, claim denied
If you need to go to the hospital. Then go. Tell them the injury occured at work.

As far as SSDI, If you want to file, then file. YES there is an offset. You can only collect 80% of your pre-injury wages total.

The attorney only collects a percentage of the benifits he/she gets for you. If you already collect SSDI the settlement may be smaller. Hence, less benifits the attorney got for you. Hence, less money for he/she.

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
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08-29-2010, 07:53 AM
Post: #3
RE: HELP injured in Louisiana, claim denied
you can file chapter 7 it will clear all bills & debts
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08-29-2010, 09:41 AM
Post: #4
RE: HELP injured in Louisiana, claim denied
You need to apply for all the Assistants you can try for right away. We all been there in one form or another.

Get to the Emergency room as many times as you have to. Don't live in pain. You may need to ask other family members for help also. Many have it happen.

You do everything you can to apply for everything.

Even churches will help you with those utility bills and food. Seek out food pantries, use them all and stock up on dry goods. You may not eat properly, but you all will eat. You just need to get addresses, to these places in your area go there sit, and apply. Nothing more till that is done.

Then go find another attorney, for your's aint helping none.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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08-29-2010, 09:52 AM
Post: #5
RE: HELP injured in Louisiana, claim denied
There is all kinds of help out there....you just have to ask....when you go to the ER ask them......they have charities willing to help with the meds.....go to the welfare get foodstamps and emergency medicade for you and the kids......most churches have food pantries but are on computer lists and know if you are a regular tell em the truth they will help.....do not pull up in a new car smoking cigs or smelling like cigs they will turn off the help believe me I used to work for them......call your congressman for help its a scary time for them they need all the free air time they can get......good luck

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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08-29-2010, 10:44 AM
Post: #6
RE: HELP injured in Louisiana, claim denied
Thank You all very much. I managed to get through the night with a couple muscle relaxers I found in the cabinet so I will see how the day goes. First thing Monday I am going to get the ball rolling toward all the assistance I can find and apply for my medicaid. Do you all think I should contact a separate attorney or legal aid service for an opinion, just based on the facts that mine has adamantly told me no ssi/ssdi and misinformed me about the bankruptcy (he said I couldn't file chapter 7 or I would forfeit my w/c claim) and also not advised me on any type of medical care? I just really have mixed emotions about him, on one hand he always takes my calls or returns them right away but it's always with the same old quick talk and off the phone. I am worried that if If go against his wishes he will drop my case and I cannot go another 8 months like the previous. My wife and I talked and we are definitely NOT going chapter 13, that would be ludicrous cause I couldn't make the payments anyhow. Thanks again everyone just having someone to talk to about all this helps out a lot.
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08-29-2010, 10:45 AM
Post: #7
RE: HELP injured in Louisiana, claim denied
Red Cross may help with utilities, some times housing.

Community Action Programs will help with housing, food, utilities, & education.

Call 211, United Way, or google them. They can connect with you with non-profits that may assist you.

Please undersand that most non-profits are stressed having less money to assit those in need.
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08-29-2010, 03:11 PM
Post: #8
RE: HELP injured in Louisiana, claim denied
Doesn't seem like your attorney is doing you any good anyway's so what's the difference.

If the attorney is saying no SSDI No SSI, no to anything that can help you and the family survive, then ask the attorney to help you with money, food, and pay for your medical. Watch what they say then.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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