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clueless
#1
Hello, 
I have found myself injured but I have some strange circumstances to make things more complicated. 

I am in Colorado and I do have an attorney, but I feel like I am a small fish in his ocean of clients.  We are two months into what I can only assume will be a long ugly fight.  

I'll try to make this short...over a year ago, I was injured on my job.  I did the work comp thing for 6 months.  At that point, my employers scared me into going back to work before I was healed.  The work comp doc didnt want my injury to be career ending (he didnt think it was a significant injury).  So he signed me off for full duty, but told me that it would be no problem to reopen my case if I needed to.  After I was cleared, I ended up getting a new job in the same field.  For the last 16 months, I have "sucked it up" and "stuck it out".  But after so many months of being in pain all the time, I got tired of pretending I was OK and finally accepted that I could no longer do my job and that I was a liability to my coworkers.  So I quit and have been trying, unsuccessfully, to reopen my case.

My questions are:
1.)  Do I have any expectation of back pay from the adjuster at this point?  Since I quit the job where I got hurt and then got a new job?
2.)  I no longer have an income, will it hurt my case if I get some kind of job?  I cant go back to my old field of work, but if I do find a job that is something I am physically capable of doing, will it hurt my case or my ability to collect any payment from work comp?
3.)  Do the work comp people even have a responsibility to help me?  I am assuming that they do because otherwise my lawyer would not have taken me as a client.
4.)  Why are the work comp adjuster people so cold hearted?  I just want to get better

Any input or opinions or thoughts would be helpful!  I'm so lost...

Thanks!
 
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#2
duplicate
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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#3
(12-24-2016, 11:32 AM)1171 Wrote: 1. disability payments require supporting evidence from medical opinions. without it there is no chance they will pay based on just your request for them.
your expectations should only be based on the quality of your medical evidence.

2. permanent disability payments are based on your permanent impairment not on whether you have a job. working within your medical restrictions will not affect the payments based on those restrictions.

3. no. work comp is insurance coverage. it is not social work or charity or religious based altruism. work comp benefits are not "gratis" or part of any government program to help the needy. they are only responsible for protecting the employer from your claim. if you legally qualify for benefits, the carrier will pay them rather then the employer.

4. it's a business. the carrier will fulfill their contract with the employer and do nothing more. the carrier is not there to give you what you want or need. the law specifies what a claimant is entitled to receive and that's the limit of their interest in you. it is illegal for a carrier to pick out certain claimants and pay them benefits they are not entitled to. it is also illegal to withhold or deny benefits when entitlement has been proven.
i don't think you know many adjusters or much about their job and are making a blanket statement based on limited experience. adjusters should also avoid becoming biased against injured workers based on only a few negative encounters with a limited number of workers.  generalizations are common on both sides of the check book; it happens a lot when money is involved. there are good and bad individual players on both sides. see #3
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
#4
(12-25-2016, 01:17 AM)1171 Wrote:
(12-24-2016, 11:32 AM)1171 Wrote: 1. disability payments require supporting evidence from medical opinions. without it there is no chance they will pay based on just your request for them.
your expectations should only be based on the quality of your medical evidence.

2. permanent disability payments are based on your permanent impairment not on whether you have a job. working within your medical restrictions will not affect the payments based on those restrictions.

3. no. work comp is insurance coverage. it is not social work or charity or religious based altruism. work comp benefits are not "gratis" or part of any government program to help the needy.  they are only responsible for protecting the employer from your claim. if you legally qualify for benefits, the carrier will pay them rather then the employer.

4. it's a business. the carrier will fulfill their contract with the employer and do nothing more. the carrier is not there to give you what you want or need. the law specifies what a claimant is entitled to receive and that's the limit of their interest in you. it is illegal for a carrier to pick out certain claimants and pay them benefits they are not entitled to. it is also illegal to withhold or deny benefits when entitlement has been proven.
i don't think you know many adjusters or much about their job and are making a blanket statement based on limited experience. adjusters should also avoid becoming biased against injured workers based on only a few negative encounters with a limited number of workers.  generalizations are common on both sides of the check book; it happens a lot when money is involved.  there are good and bad individual players on both sides. see #3

This all makes perfect sense! Not what I was hoping to hear, but it is definitely what I expected to hear.  I forget that this is a business deal and that all emotions need to be checked at the door. Thank you so much for the info about pay outs. I was very unclear about all of that too!  This gives me a starting point for sure!  I appreciate this very much!
 
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#5
you're welcome.
in my responses, i do tend to be up front about the realities of the business; and that approach is not for everyone.
I see too many angry and frustrated workers done in by assumptions, misunderstandings, and false hopes.
be well. and merry christmas to you and your family.
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
#6
(12-25-2016, 06:10 PM)1171 Wrote: you're welcome.
in my responses, i do tend to be up front about the realities of the business; and that approach is not for everyone.
I see too many angry and frustrated workers done in by assumptions, misunderstandings, and false hopes.
be well. and merry christmas to you and your family.

I would much rather have a realistic idea of what might happen rather than false sunshine and rainbows.  This is very frustrating and scary as it is.  Better to prepare now than get hopes up and get even more angry or disappointed down the line!

Merry Christmas to you and yours!!!
 
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