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Messy case and get no answers
Hey Jayne. Thanks for sending him my way. I just emailed him and will see if I can at least encourage him and help him know how to navigate the system. I just hired a lawyer and was doing so well. Now that I have no income and am trying to pay for all of my meds, limiting Dr. visits and dropping a couple of my meds that were just too expensive for out of pocket, my pain levels and symptoms are getting worse again. Specifically the nerve pain in my right foot/toes. But God is good and I am hanging in there. I hope each one of you that have become special to me (I won't list anyone because I wouldn't want to hurt anyone's feelings that I left out) know you are in my prayers always. My empathy for folks in pain is so immense. I pray that if God chooses to heal me once again entirely and I get to move out of this pain period of life again that I never lose sight of my empathy again. I am ashamed to admit that once I have moved through and past my pain episodes in my life it is weird how the mind puts it behind you and the memory of it fades. Along with it compassion and empathy go too. I think this time around I would rather keep the pain and always be loving and empathetic to those in pain rather than get through it and return to a person who thinks "I've been in pain, no big deal, put on you big girl panties and do some therapy, have the surgery or whatever and get off of your pity pot". I HATE to admit it but it has happened to me more than once and I NEVER want to think that crap again. When you're in pain and there are no answers, pills, therapy, surgery or miracle to fix it it is the most difficult place in the world to be that I have experienced. Even the loss of my best friend of 32 years didn't kick my butt the way unresolved, relentless pain has and does. I love you friends and keep you in my prayers. God is good and life is worth living but we need to support one another. To that ....there is no doubt. Blessings.
Debra pain is different for everone I am so used to my back,neck and head hurting it is just part of my day,but let me stub my toe and I really am a cry baby its like its all I can do to deal with my everyday anything extra is just to much.
........I love cats, I just cant eat a whole one by myself......

(07-02-2013, 03:37 PM)Lostinak Wrote: I got injured on the job almost two years ago. It involved a 750lb boiler door and my supervisor suggested we use man power instead of tools to remove it. No safety's in place when the lift happened. I was in a pinch point and when the rigging started to fail I had to support the lift timber with my left shoulder and use my left arm to move the door at the same time. The point where we were lifting from was shorter than me so I had to take all the weight on my shoulder with four more men on the other end of the timber lifting up against my shoulder. With the 750lb door in the middle. I told my supervisor that day that I was in pain, I told safety the next morning. They did nothing, sent me into the field for extensive boiler repairs for about 6 months more. I would come into the shop every couple of months and tell safety and my supervisors that I thought my arm was falling off my body. They shrugged it off. I also told everyone else in the shop. It wasn't a secret. After 6 months they said I could go ahead and go to a shoulder dr. He saw me within a cpl weeks and said I tore my labrum disc and operated on me two weeks later. When I got out of surgery he informed me that the disc was tore and ripped out of the socket. My clavicle was shattered and he vacuumed out the peices. Both top heads of the bicep were torn off the shoulder. He pinned them back where they were supposed to be. All the supporting ligaments had snapped. My arm was falling off my body. Then therapy and I was still in large amounts of pain in my arm. He sent me to a spine dr who said I needed a two level cervical fusion. He said it was bad but not the worst he had seen. After surgery he said it was one of the worst he had seen. The discs weren't even attached to the spine anymore and that they free floated in the column. He was surprised I was living life like that for so long. Then more therapy. I have tremendous thoracic and lumbar pain along with both arms hurting all the time. More MRI's showed 5 more moderate to severe herniations in the thoracic and 2 more in my lumbar. My thoracic MRI also shows that I am losing my bone marrow in the spots with the worst herniations. He says its all injury related. I was healthy before all this and am only 30. I still have lots of pain everyday and with all my Internet research still leaves me at a loss and frustrated in regards to what the rest of my life has in store for me and how much work comp is gonna try to not help me with. I haven't found anything with that much injury so a comparison is tough at best. Any input is appreciated.

Based on the facts, you have presented here, I will dare to say the day day is soon for the carrier to speak their attornery to yours to ask if you may be interested in a Settlement. If they have not sent a demand for compliance to see their appointed IME doctor to try and disprove you and certain items many stop being covered and if you can't afford to pay $1500 for your own IME then you need a rebuttle letter from your wc primary care doc. Before you can even get to court they will demand another IME with their PAID doctors' before you even go to a settlement meeting/ oops I really mean hearing. lol So that said pick your attorney from reputation or better yet referral. There is only so much we are worth. The good news is your age. You will receive triple of my pentence. You are only 30 as they see it and you have many more years to not be able to saftly do that job. In my case I have to face the fact that I am worth less at age 52 almost 53 in December which just so happens to be when they want to meet. Any hoo You will be paid according to you can't do's because of pain and or injury unresolved. You get an MSA set asside account and a TTD payoff. 20% off the top goes to your attorney + copies, phone calls, meetings. Depending on how many times you call for Med over ride and or authorization etc. It can easyly cost another $5000 if your not carefulSmile I am fighting made at the systoms methedology I have been on and off TTD. Them MMIed me and paid me $30,000 I had to suck up the charges and the fact that they get paid a % before extra exspenses. But you need them wc sees to that you do, so in the end it's just lawyers talking and you have to rely on their knowledge of the wc law and arena. I have not been able to save a penny for retirement and I am totally disable today, who knows for tomorrow. I have less time to make money than you do. I hope you find some value, any value at all, makes this time you spent reading worth it. Cause I am not a typist by any means, it's one to two fingers and my other hand getting cramped from holding the wireless keybroad. BTW I am not into worring , but this has me on edge the way they go about things in the wc carries/thieves not all carriers are as bad as some. When company employee's are throwing money around just cause they can; that's guilt spending.....in my opinion lol

Kindest regards,
I hurt for you. What a horrible thing..... What state are you in? Did they approve the injury, and if so, in whole, or in part, and did they confirm your doctors diagnosis or "simplify it" to get out of paying. First of all, do internet research on your state's legal guidelines. You must be educated on your rights.

Was the company self insured or common carrier? Did you go to a company doctor or a general physician? Have you been denied medical treatment or benefits or both? As per my potential lawsuit thread, you might have a RICO action (4 year statute) or Bad Faith lawsuit (2-3 years, varies by state) in your state. (if there is corruption or coercion to prevent you from getting state benefits you were entitled to).

Does your state allow for a third party lawsuit against the manufacturer of the equipment? To find out, immediately contact a personal injury attorney. 2 year statute of limitations in most states. Attorney should take on contingency (which means you don't pay them for their legal work but for their expenses). Also, check into bad faith lawsuits, or state created danger, monell violations under Section 1983 (see my post).

If you haven't already, immediately file for Social Security Disability and start getting every single medical report for every single doctors appointment from the beginning of your claim. If possible, scan this into the computer (scanners are fairly cheap and will save you a fortune on copies).

Have you gotten a functional capacity exam (a/k/a FCE) from an occupational therapist? If not, get one and keep getting them everytime you have a decline in function. You have two battles, one with WC and one with Social Security.

Social Security Disability attorneys get paid off of your claim when you get SSD. So you don't pay them. However, if you want to get SS the first time around (which is almost always a denial and takes about two years) you need to really put time and energy into getting every single document, making sure the doctors know your limitations (and this means whining.... they don't get it unless you do), and following up for corrections for anything wrong on the medical report. If the doctor is not sympathetic, then get another one. Your future depends on it. Remember Social Security looks at everything including your own assessment, and doesn't decide based on the doctors assessment of your disability. The more frailties you have, including accompanying pain mgmt symptoms, arthritis, migraines, sleep problems, etc., the more likely SSD will offer you disability, but you must articulate how the injury adversely affects your life and that of your family.

Also, join a support group, because you are going to need every ounce of your faith to get through this.... and it will seem like it's never going to end. But, if you do your homework, you will feel less like a victim, and more like a warrior!


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