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Employer avoiding using workmans comp
#91
Workers comp is "no fault" coverage.
Both the worker and the employer have to share the costs of the injury.
Many mistakenly assume it's all on the employer.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#92
(02-26-2018, 12:04 PM)Cashiered Too Wrote: An interesting read. Here in NC, it is like I'm dealing with some weird egregore that controls everything from my family medical provider, employer, worker's comp management, worker's comp doctors, etc. The predominant thinking is if it's not a specific injury on a specific date at a specific location you're screwed.

My injuries are predominately repetitive motion - lifting in nature. When I first took leave in September 2016 to seek medical opinions, the worker's comp contractor turned me down flatly. I went to my primary care physician who got me a referral to a orthopedist, who stated there was nothing wrong with me and refused to do a thorough examination. His written statement to the NC Labor Board was far different LOL!!!

Went back to work after being off for nearly 6 weeks. Harassment started in earnest. Multiple suspensions for trumped up 'performance issues'. Only one Worker's comp law firm agreed to take my case while I was off but did nothing, claiming they were unable to get any orthopedist to see me due to my group insurance refusing to pay as they saw this as a 'worker's comp' issue.

Group insurance was dropped while I was off (without my knowledge) and was finally reinstated about 2 months after returning to work. Less than a month later while out on the west coast, I experienced a 'tendon tear - separation' injury in my right arm - emergency room physician states I should fly home for corrective surgery. Fly home, workers comp manager sets me up with a local orthopedist on 45 minutes notice - tell her there is no way I can make it. Phone the worker's comp law firm, explain what just transpired and they make an appointment for me with the exact same orthopedist for two days away.

Orthopedist sets a surgery date for the tendon repair and states he'll look at the other issues at a later date ( both shoulders, lower back, left hip and left knee). On the morning of the surgery, the orthopedist and hospital are informed by worker's comp management they have rescinded their recent agreement to accept responsibility for any and all of my work related orthopedic issues. Group insurance won't pick it up because they determined it was 'worker's comp' in nature. My union (IAMAW) agreed to pay for the tendon repair (but nothing else) if I reimbursed them for the surgery and the partial short term disability pay that had yet to start - I eventually received only 66% of the 60% portion of my average wage at the time.

Orthopedist found a torn rotator cuff in my right shoulder after an MRI was finally ordered for this but nothing else (surgery not recommended?), disk alignment issues in my lower back (surgery not recommended?), arthritis in my left hip knee and pretty much everywhere else! To this day, I feel that an MRI of my left hip and knee would probably reveal much more but that will have to wait until I become independently wealthy. The orthopedist assigned a 10lb weight limit to my right arm, I walk with a limp and use a cane on occasion, have trouble completing minor household tasks without having to sit down due to back, shoulder, knee and hip pain. Oxycodone doesn't help with the pain all that much and turned me into a zombie, so I stopped taking it last fall.

I asked for and received a new attorney from the worker's comp law firm. The new one was slightly better but was only interested in quickly disposing of the case. I can no longer work in my chosen field as I can no longer receive a medical clearance. The settlement includes language that my employment would be terminated, I couldn't seek a future medical remedy from my employer, no set aside for Medicare as I wouldn't seek Medicare coverage for at least 30 months although the attorney recommended I immediately apply for SSDI (I did, but have yet to hear anything).

Will be applying for my union pension and early Social Security later this year (I'll be 62 at that time). There was enough cash in the settlement to pay back the union, pay legal fees, paid off $18k in debt (now debt free) but little else. Still have unpaid medical bills related to my worker's comp case and for medical issues going back to 2015 but they'll have to wait. I will really struggle to make it through this year unless I sell off some possessions. Credit score of around 600 not helping either.

I came away from this feeling that no one was truly acting in my best interests. If I hadn't spoken up repeatedly and stood up for myself I would probably be unemployed, broke, crippled, sold or gave away my possessions and living with a relative.

I am sorry you had to go through all of that. seems like my story, although I was mis diagnosed from the beginning. I do not have much time today, because I have to go to therapy . It is all a crock ! Employers do not care,because you can no longer work,and your bills are piling up,all the while you are in chronic pain... I could go on and on... but I must go for now.....Take care.
 
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#93
(02-27-2018, 02:17 PM)tinainky Wrote: I am sorry you had to go through all of that. seems like my story, although I was mis diagnosed from the beginning. I do not have much time today, because I have to go to therapy . It is all a crock ! Employers do not care,because you can no longer work,and your bills are piling up,all the while you are in chronic pain... I could go on and on... but I must go for now.....Take care.

I'm in the process of taking a neighbor down to Crisis Assistance as he was laid off last summer (his wife passed shortly after) and his health immediately failed, most likely from long term conditions brought about by his decades long employment as a construction welder. He recently had surgery for blood clots in his legs but has suffered from respiratory issues and a hernia for many years - he says it's all work related but never filed a WC claim. His unemployment comp stopped, his transportation broke down with no money for repairs. He's behind on rent, utilities but friends and neighbors have kept food in the house.

Have another neighbor in the hospital at the moment, probably due to work related issues but his group insurance is covering it. He's in better shape financially with extended family and friends pulling together to help him as he isn't going back to work (he's 65). He told me his employer didn't carry Worker's Comp insurance and they were expected to turn in any and ALL 'issues' into the group insurance. His only retirement will be his savings and Social Security.
 
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#94
its difficult for workers alone to hold their employers accountable. each one who "goes along" with the underhanded behavior just adds to the another workers grief. it seems like some employers count on most workers helping them scam their employees.
working like you're alone instead of part of the group contributes to bad employer behavior.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#95
(02-27-2018, 03:37 PM)1171 Wrote: its difficult for workers alone to hold their employers accountable. each one who "goes along" with the underhanded behavior just adds to the another workers grief. it seems like some employers count on most workers helping them scam their employees.
working like you're alone instead of part of the group contributes to bad employer behavior.

A bunch of crooks is all they are,they cheated my short term company,but I blame the short term insurer for allowing it,Because in the first place I told them that my injury's were do from my work to start with !!! they Ignored what i said and paid me anyhow !!! how do you like that !! anyhow I can not say much more......
 
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#96
(02-27-2018, 03:05 PM)Cashiered Too Wrote:
(02-27-2018, 02:17 PM)tinainky Wrote: I am sorry you had to go through all of that. seems like my story, although I was mis diagnosed from the beginning. I do not have much time today, because I have to go to therapy . It is all a crock ! Employers do not care,because you can no longer work,and your bills are piling up,all the while you are in chronic pain... I could go on and on... but I must go for now.....Take care.

I'm in the process of taking a neighbor down to Crisis Assistance as he was laid off last summer (his wife passed shortly after) and his health immediately failed, most likely from long term conditions brought about by his decades long employment as a construction welder. He recently had surgery for blood clots in his legs but has suffered from respiratory issues and a hernia for many years - he says it's all work related but never filed a WC claim. His unemployment comp stopped, his transportation broke down with no money for repairs. He's behind on rent, utilities but friends and neighbors have kept food in the house.

Have another neighbor in the hospital at the moment, probably due to work related issues but his group insurance is covering it. He's in better shape financially with extended family and friends pulling together to help him as he isn't going back to work (he's 65). He told me his employer didn't carry Worker's Comp insurance and they were expected to turn in any and ALL 'issues' into the group insurance. His only retirement will be his savings and Social Security.

Hope things work out for you and your neighbors.
 
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#97
(02-27-2018, 03:37 PM)1171 Wrote: its difficult for workers alone to hold their employers accountable. each one who "goes along" with the underhanded behavior just adds to the another workers grief. it seems like some employers count on most workers helping them scam their employees.
working like you're alone instead of part of the group contributes to bad employer behavior.


Way too many are afraid of 'causing trouble'. Too many 'reactive' people and not enough 'proactive' people.
 
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#98
it's a difficult choice for most: your job or every bodies...
very difficult to put you and your family behind anonymous others who may not be willing do the same for you and yours.
"Me first" is what the unscrupulous count on.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#99
I Went to IME waiting on results.
 
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How did everything turn out - in your favor I hope. I'll be updating my situation in the thread I originated: 'Experiences in NC' as a number of employees / former employees have expressed interest.
 
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