Tired of fighting

[priss13]

I have been reading all of the interesting information on this page for a few months now, and not till now did I decide I would post my story.
I was injured on Dec 12 2008, in the building of my employer, I was attacked but a man who got into the building. Horrific attack to say the least. After some time I was told but my dr what was causing my pain, and a short(yeah right) 18 months later I had cervical surgery, 3 tier fusion. Of course the IC would not approve the surgery so my own insurance covered it. The IC paid me 3 weeks worth of TTD and then one day it just stopped, I got an attorney and have been fighting ever since. I was released in Dec of 2010, got my rating appt in Jan of 2011, my report took over a month, and when it was in, i had to be evaluated by yet another dr. who of course said I was fine and needed nothing in the future, which seems insane to me since I have been in with a therapist since a month after my attack dealing with the PTSD. The IC has said how sorry they are, and still drag their feet and fight me on everything, we took this to the oklahoma supreme court in the beginning because they were saying they were not responsible for my attack. They have lost every hearing, but of course appealed everytime only to lose again. Now they have made an offer if thats what you want to call it, I have not been paid for 2.5 years, no TTD not a penny, even though the supreme court ruled my injuries compensable. So now I have very limited range of motion, almost constant pain, and major vision loss in my right eye, and I can't even begin to explain the emotional side of what happened to me. I'm 37 years old and will be starting over from scratch with my life, with ruined credit and broke, I lost my home to foreclosure, and my car to repo...thats what happens when you have no money thru no fault of your own.
I am headed to mediation in the next 10 days, and then to trial if we can't agree. I find it interesting that the defense attorney has told my attorney all along that my employer can't win this and she has told them as much, supposedly. I have done all the research I can because I want to know what to expect and how this process works, which I think irratates my attorney, cause I will ask lots of questions, but this is my future and I want to know that everything is being done to preserve it.
I know the system is not here to help the IW, even though that's what its' supposed to be for. I know also that if given an award by the judge, enforcing it is damn near impossible in oklahoma, they can play games with your weekly checks and anything else they see fit. My attack was bad enough, it ruined my life, but having to fight for enforcement of rights afforded me but the state where I live, should be criminal.
Thanks everyone, you guys have given me so much info and thru your posts the fire in my gut to not just cave and let the IC off the hook.
Patience is a virtue if you are injured on your job.

[Manley2]

The first thing I think of when I read your post is they are just wanting you to give up and go away because of the way they are treating you. Don't do it!! It can make us so made when we have to fight for our rights and getting what the laws say they owe us and in your case it sounds like they are just doing everything possible to make life bad for you. I think there are many times our employers know they are going to lose so they do what they can to make it very hard on us. They will sometimes spend a $1000 to not pay us $100.
Glad you have found some fight because of being here in this forum and I pray that they will come around and start giving you the things you have a right to.

[Neverthesame]

Priss13,

I am glad to see that you have sparked that fire and fighting for your rights. I know the feeling. My injury occurred because the employer did not want to spend $1,200 dollars to clear a completely ice and snow covered parking lot, now $35,000 later and still counting. In addition, I have left temporal lobe damage in the brain, cranial nevre impairment, and C-1/C-2 nerve damage. How much sense did that make to not justify the $1,200 to save thousands? Funny, the Neuro put me on a med that gave me insomnia and an incredible urge to google all night. So I put my googling to good use. I found out everything about my beloved Neuro, not good. I proved his loyalties are to any insurance company cutting a check. I found my adjuster's facebook page with drunken party photos included. My favorite though concerning Georgia law, I can sue for personal injury when the employer's actions were so grossly negligent that caused the injury, while on worker's comp. They know my case is going to hurt them good, and the medical treatment has been down right negligent (documented). Whatever you do, do not ever give up the fight. When you need inspiration. Just come visit here and know your not alone.

[priss13]

(04-29-2011 11:08 AM)Neverthesame Wrote:  Priss13,

I am glad to see that you have sparked that fire and fighting for your rights. I know the feeling. My injury occurred because the employer did not want to spend $1,200 dollars to clear a completely ice and snow covered parking lot, now $35,000 later and still counting. In addition, I have left temporal lobe damage in the brain, cranial nevre impairment, and C-1/C-2 nerve damage. How much sense did that make to not justify the $1,200 to save thousands? Funny, the Neuro put me on a med that gave me insomnia and an incredible urge to google all night. So I put my googling to good use. I found out everything about my beloved Neuro, not good. I proved his loyalties are to any insurance company cutting a check. I found my adjuster's facebook page with drunken party photos included. My favorite though concerning Georgia law, I can sue for personal injury when the employer's actions were so grossly negligent that caused the injury, while on worker's comp. They know my case is going to hurt them good, and the medical treatment has been down right negligent (documented). Whatever you do, do not ever give up the fight. When you need inspiration. Just come visit here and know your not alone.

Thank you so much for the responses, I had instructed my employer that the security doors were not working and it was an issue, they did nothing, they didnt even follow their own policy on not leaving women in the building alone, something else I had been complaining about for about 3 months. Had they just fixed the doors, or followed their own policy my attacker never would have had any opportunity to hurt me.

[Neverthesame]

Priss13,

You know I was just thinking. Is all of this under WC? If so, you may want to consult an attorney who specializes in premisis liability. You mention that there were security proceedures that they failed to follow, and you mentioned the fact that there was something with the malfunctioning of doors. This would constitute as enough foreknowledge that not only a crime would occur, but the likihood someone would be injured. This constitutes as gross negligent behavior. State laws are different in each state, but maybe worth a consultation that may help you in the long run.

[priss13]

(04-29-2011 05:21 PM)Neverthesame Wrote:  Priss13,

You know I was just thinking. Is all of this under WC? If so, you may want to consult an attorney who specializes in premisis liability. You mention that there were security proceedures that they failed to follow, and you mentioned the fact that there was something with the malfunctioning of doors. This would constitute as enough foreknowledge that not only a crime would occur, but the likihood someone would be injured. This constitutes as gross negligent behavior. State laws are different in each state, but maybe worth a consultation that may help you in the long run.

I thought the same thing, and what makes it worse is that 2 days before my attack i was followed out of the parking lot and a man attempted to stop my car, which i reported to my employer and made a police report, again they did nothing. I asked my WC attorney if I could go after my employer but he said oklahoma has exclusive remedy of WC no matter who is at fault, that is very frusterating since this could have all been avoided, I mean they had no problem getting security the day after my attack, but how does that help me? And they had security the year before but the company went under, and my employer just didnt pick up with anyone else, so that tells me they new there were issues in the area, so I don't know what my options are.....

[sonny1]

(04-29-2011 10:25 PM)priss13 Wrote:  

(04-29-2011 05:21 PM)Neverthesame Wrote:  Priss13,

You know I was just thinking. Is all of this under WC? If so, you may want to consult an attorney who specializes in premisis liability. You mention that there were security proceedures that they failed to follow, and you mentioned the fact that there was something with the malfunctioning of doors. This would constitute as enough foreknowledge that not only a crime would occur, but the likihood someone would be injured. This constitutes as gross negligent behavior. State laws are different in each state, but maybe worth a consultation that may help you in the long run.

I thought the same thing, and what makes it worse is that 2 days before my attack i was followed out of the parking lot and a man attempted to stop my car, which i reported to my employer and made a police report, again they did nothing. I asked my WC attorney if I could go after my employer but he said oklahoma has exclusive remedy of WC no matter who is at fault, that is very frusterating since this could have all been avoided, I mean they had no problem getting security the day after my attack, but how does that help me? And they had security the year before but the company went under, and my employer just didnt pick up with anyone else, so that tells me they new there were issues in the area, so I don't know what my options are.....

Very sorry to hear about what happened to you. Of course they remedy their faultiness after the fact. If it was your negligence you would have been fired immediately. There is nothing worse than a company not following their own policies, what gives them the right to preach to the choir? Anyways, I hope you at least consult with an attorney who is not WC just to make sure that you can't sue for something else. It sounds like there are a lot of different issues going on with the company being responsible for all of them. If you don't mind me asking, what kind (not the actual name) but what kind of company was this? like warehouse, office multi floor? sounds big and creepy to be there all alone. I cannot believe even after you filed a police report the night before, they did not do something that would have prevented the attack. There has to be some other way to get at them...the media? Civil suit? OSHA (is you have that in your state)?

Keep us posted on how things are going! I wish you well and if you need to vent, I am always around!

[priss13]

(04-30-2011 01:11 PM)sonny1 Wrote:  

(04-29-2011 10:25 PM)priss13 Wrote:  

(04-29-2011 05:21 PM)Neverthesame Wrote:  Priss13,

You know I was just thinking. Is all of this under WC? If so, you may want to consult an attorney who specializes in premisis liability. You mention that there were security proceedures that they failed to follow, and you mentioned the fact that there was something with the malfunctioning of doors. This would constitute as enough foreknowledge that not only a crime would occur, but the likihood someone would be injured. This constitutes as gross negligent behavior. State laws are different in each state, but maybe worth a consultation that may help you in the long run.

I thought the same thing, and what makes it worse is that 2 days before my attack i was followed out of the parking lot and a man attempted to stop my car, which i reported to my employer and made a police report, again they did nothing. I asked my WC attorney if I could go after my employer but he said oklahoma has exclusive remedy of WC no matter who is at fault, that is very frusterating since this could have all been avoided, I mean they had no problem getting security the day after my attack, but how does that help me? And they had security the year before but the company went under, and my employer just didnt pick up with anyone else, so that tells me they new there were issues in the area, so I don't know what my options are.....

Very sorry to hear about what happened to you. Of course they remedy their faultiness after the fact. If it was your negligence you would have been fired immediately. There is nothing worse than a company not following their own policies, what gives them the right to preach to the choir? Anyways, I hope you at least consult with an attorney who is not WC just to make sure that you can't sue for something else. It sounds like there are a lot of different issues going on with the company being responsible for all of them. If you don't mind me asking, what kind (not the actual name) but what kind of company was this? like warehouse, office multi floor? sounds big and creepy to be there all alone. I cannot believe even after you filed a police report the night before, they did not do something that would have prevented the attack. There has to be some other way to get at them...the media? Civil suit? OSHA (is you have that in your state)?

Keep us posted on how things are going! I wish you well and if you need to vent, I am always around!

Thank you so much, that means alot to me. And since I have my days and nights mixed up I'm on at all different hours. I worked for a techinal school as the front desk recepitionist. It's a large building set pretty far back off the road, we only occupied hald the building as 2 other businesses were at the other end of the building. I have shyed away from the thought of media of course because I prefer to be able to live in the shadows now, I don't want attention or for people to approach me, I have developed horrific panic attacks, and I can't describe the depression. like I said my husband had to take a job working out of state because they refuse to pay me, so I live alone, my life has been ruined and they don't care. And whats worse for me is the fact i worked for my company for a long time and had what i thought were many close friends, we spent time together outside of work to include family parties, christmas, BBQ's...and these same people didnt speak a word to me after my attack, when I truley needed the support the most.

[Cervical_Fusion]

I am some what like you, i am up all hours and have a strange sleep pattern. At times all i can sleep at one time is 2 hrs, other times i sleep 12 hrs, guess depends on the amount of meds in my system. When u get hurt at work and are out that is when you find out who your true friends are. The ones that were you friends slowly drift away one by one. Please don't ever give up, that is what they want you to do, FIGHT FIGHT FIGHT for what is right.

[sonny1]

I feel your loneliness. I thought I had great friends at my job of 11 years as well. I was wrong, I was good for them while I was there doing their job though! I am over it now, they do not deserve my energy that I need to use for my pain. I wonder if there is a way you can use the media but still not have your face or name used due to the nature of the "crime" and injuries? It may be worth looking in to. Do you have a trusted friend or family member who can do some of the calling around for you? I am sure it is exhausting. BUT please, DON'T cave in, they are waiting for you to do that. Not only for the benefit parts of it, but so the company can continue to go on violating their own safety procedures, which they should have gotten fined for or shut down for....if anybody like OSHA went to inspect the place (hence) non WC attorney...This should have been a big ordeal in your town but for some reason it was not....I wonder why it never made the papers then? Have you contacted the Mayor? I am not sure of the "chain" of politicians (assemblymen, congressmen, etc) but I would go to the top and skip the fluff in between at this point!!