[shugarcookie]

I really hope you can help. It's been over a year since I was injured on the job. I tore my rotator cuff and a couple other things. At first, everything was fine. WC accepted the claim, paid for the surgery and pt, paid time loss, no problems. I was out from late May until the Dr finally released me for light duty in Jan. My employer said there was no light duty so I remained on time loss. In March he released me with no restrictions but my employer said they had filled my position (understandable I guess) and there wasn't anything available so I was out of a job. I applied for some jobs but no one would touch me because although the Dr said no restrictions I knew I couldn't do the lifting, carrying and reaching that would be required in retail, which is the only thing I've ever done. I can't even carry in a bag of dog food from the car. I can't do the heavy cleaning, I have little endurance or strength in that shoulder and I still have daily pain. I'm scared to death of reinjuring it. So I've stayed at home and we've relied on my husbands income hoping things would get better but it hasn't. The claim is still open for medical only.

It's becoming obvious that either something is very wrong or this is never going to get any better. My dr doesn't listen to anything I say, he just shrugs his shoulders and says these things take a long time and sometimes they never get better. No lawyer wants my case because a part time retail job isn't going to land me a big settlement. I have no idea what I'm supposed to be doing. The laws and procedures here in VA are completely different than where I lived before. I only learned yesterday that all the proper paperwork had NOT been filed with the state. I can't pay an attorney out of pocket so how do I at least get help navigating the system? If I lose I lose but I don't even know at this point if I can/should pursue this. The state WC commision only said I didn't have a claim filed with them and that they would send me the paperwork. She didn't seem to know what I was talking about when I asked if they had an advocate on staff. The IC sure isn't going to help me so without a lawyer who is?

[Bad Boy Bad Boy]

You start by obtain knowledge and help with your state Ombudsman.

Here is a Link to futher help you with that also;

http://www.vwc.state.va.us/ombud.htm

[Tuffy]

Welcome shugar,    Are you saying you settled your WC case with open medical,  now want medical treatment?     that your case was in a different state and you have sinse moved to where you are living?

You stated that the claim is still open for medical only Can you explain further?

[shugarcookie]

Tuffy Wrote:Welcome shugar,    Are you saying you settled your WC case with open medical,  now want medical treatment?     that your case was in a different state and you have sinse moved to where you are living?

You stated that the claim is still open for medical only    Can you explain further?

Thanks Tuffy.  No, the case is still open but I'm not receiving time loss anymore because the Dr released me to full duty no restrictions.  I didn't have a job with my employer anymore and no one will hire me and I can't do the job anyway so that's why I'm not working still. There hasn't been any settlement, they just quit paying time loss when he said to go back to work. It's only been a few months since so I'm still entitled to medical care.

Years ago I had a WC claim in another state that was so simple and easy.  Smooth sailing all the way and everything was pretty much done for you by your state case manager so this is all new to me.  I didn't even know I had to file seperately with the state as well as my employer.  I thought it was all one process.  Luckily, I found out in time and got filed with the state yesterday.  That's why I'm so confused.  No one has given me ANY information on what to do or how to do it.  The little I do know I've learned from the attorneys who have turned me down.

Apparently, the woman I talked to doesn't know that an ombudsman and an advocate are basically the same thing I will try contacting one tomorrow.  Thanks for that link!

[Tuffy]

WC settlements are based on your injury, not on your occupation, My opinion is you need a good WC attorney to help you through this and you need further medical help, have you seenany other DRs regarding your injury? WC is not a system you want to travel alone, as many here can attest to, Hang in there and I,am sure others will be along to offer there opinions also.

Keep us updated and good luck tomarrow.

[Sithie]

I would say keep trying to get a lawyer to take your case. Welcome to the board.

[wcompva]

I sent you a private message.With info on a really good Attorney.

[capricorn]

hi shugar....didn't see this post so I answered your other one. All has given you good advise. Good luck and let us know.



CAP

[shugarcookie]

wcompva Wrote:I sent you a private message.With info on a really good Attorney.

I don't have any messages in my box. If you know someone I'd love the details! Can you try again? Thanks

[shugarcookie]

Just a little update. I met with another attorney today. I almost cancelled out of frustration but I'm glad I didn't. He's not taking the case either, not formally right now anyway. He thinks I can do this myself with a little behind the scenes advice and a state ombudsman. I learned a few things the IC is banking on my not knowing. He gave me the exact steps to follow, who to call and what to ask for. This could get interesting. I'll keep you updated.