josmile
07-11-2003, 10:34 AM
I'm a new member, I was injured at work about 5 months ago. I was told by company docs that I had a low back strain. I finally went to family doc who suggested an MRI. the company agreed to an MRI, after results were in ( herniated l5/s1 ) disc, i was told by company doc to return to regular duties no restrictions and i was at 100% max medical improvement. My doc was furious, he sent me to neuro- surgeon. I was put back on light duty and sent to work in a different dept. Last week the w/c person at work told me i was going to be out of a job due to exhausted 12 weeks of light duty. The company was putting me on w/c and i was not able to do reg job in so many months, that i was terminated. I told w/c person that i might not be able to perform reg job, but i was able to so some other type of job. Has anyone else had to be off work under protest. Now i'm scared that they are watching everything that I'm doing( by the way, it's very limited). I know the company has some other type of job that i can do. Please someone give me some advise. I scheduled next week for steriod injection.
josmile -
As a big of a kidder as I usually am, I say this with all seriousness possible. Retain an attorney. While I haven't gone through this myself, I've seen good people get mowed down by companies. The company doc telling you to get out there and win one for the team should give you an idea of their philosphy.
Other people with WC experience will give you more detailed advice soon.
jdog
khoff
07-11-2003, 01:02 PM
This may fall under the American Disabilities Act. If you are considered disabled, your company has laws it must follw regarding workplace issues. Here is a link that may help.
http://www.eeoc.gov/facts/fs-ada.html
aroberts
07-11-2003, 01:58 PM
josmile
Not sure what state you are in, but I for one being from South Carolina can state that if a company does not have light duty they can terminate you after 6 months, but in your case they have light duty and therfore cannot terminate you. I would seek an attorney advice before doing anything. Donot ignore your back and try to work thru the pain. That can lead to serious problem. Get legal help first and then go from there. They will adivise you free the first visit. I had the same problem when I got hurt on the job.. Get help
Good luck
Alex
jdlfmc
07-11-2003, 06:48 PM
josmile,I have been fighting WC for 4yrs.get attorney now don't wait I'm losing my battle I will put sig.at the end of this post as not to repeat myself,you will find that a lot of the evidence you are getiing from private DRs and all you might have a hard time getting in to you WC case,I worked for 4yrs they kept telling me I could and I keep medicating to do it and now I am just royaly screw**If I can help let me know but don't feel bad about getting an attorney the don't feel bad about putting it to you!!!!!!!!
Linda
PS I had been with this Co. 10 yrs they don't care!!!
------------------
6/13/99 Fell at work
WC allowed claim:thoracic sprin/strain; lumbar sprain/strain;lumbosacral sprain/strain WC approved 22 chiro visits
NO relief asked referrel to PM Dr.started PM 8/25/99 mri said to be normal slight bulge L4/5 all request for further testing denied.
8/01/01 I paid for discogram from local orthepic surgeon after given 2 4mg. shots morphine discogram found to be normal
WC approved 3 epidural inj.NO HELP
10/03/01 started treatment Cl.Clinic on private ins.
MRI:Cl.Clinic L4/5 disc bulge w/neuroforaminal impingement
X-RAYS:Cl.Clinic L5/S1 spondylothesis
3 more epidurals no help
2/01 discogram Cleveland Clinic:L4/5 disc bulge contrast moved towards posterior asppect of that disc w/midline fissures in the medial annular fibers disruption
L/5-S1 level also abnormal.
Update;at that time I was prescibed a spine cath idet/denied WC denied privat ins.
since have been living on pain meds prescribed by the approved WC PM Dr.
vicodin 10/660 4xday
neurontin 400mg.3xday
soma 350mg.2xday
oxycontin 40mg.2xday
No further treatment then meds everthing denied by both ins.
Pri.Ins found out going to Cl.Clinic because of Wc accident refused pay ment for any med. bills ended up in bankrupcy court.
6/14/03 pain worsened and many other comlications.
6/21/03 ended up going to Cl.Clinic ER was a bad nightmare,after being there for over 24 hrs. was released at my demand
X-rays showed DDD and arthritis at 2 or 3 levels.;diagnosis upon release STRAIN/SPRAIN
7/1/03 mediation to prepare for trial by jury 12/17/03
7/8/03 WC hearing to discontinue all meds,medical treatment
josmile
07-11-2003, 11:03 PM
To jdlfmc:
What is so unusual about my case is that the company is putting me off work, if the decision were mine, i would work. I know there is something in the facility where i can contribute. One minute the w/c lady says this may take a long time, the next minute she is saying " you have to go on with your life". I know now not to take her too seriously. My neurosurgeon says epidural injections, then surgery if that does not work. I'm not real crazy about the thought of surgery. I understand where you are coming from when you say that the company does not care about you, because they really dont. We are just looked at in a sense of $ signs. I hope you win your case. I believe we need more stringent laws regarding w/c. Employers are less likely to take these issues seriously if the ball is in there court. Good luck.
jdlfmc
07-12-2003, 07:43 AM
josmile,I am given up on my case I don't have the money it will take to go to trial by jury I'm trying to learn to live w/ my decsion it's not easy,my attorney pointed out to me the other day that corp.isn't even aware of what is going on w/me and could care less that is the reason that corp. has Drs. and lawyers on retainer so the they don't have to deal with the small s*** mening the injured employees ect. corp. only looks at the bottom line,MONEY!!
I believe firmly if I had proper treatment back when all this started instead of beign told to work-work I would not be in as bad of shape as I'm in so please listen to your body and I don't know if you said you have hired an attorney yet but you need to seriusly consider it.Make sure you keep excellent records of EVERYTHING and keep them I pray yours is a successtory but when WC is involved you have to do all you can to protect yourself you are not there priority there employer is!!!!!!Keep us updated and good luck!!
Linda