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View Full Version : Workers comp,,, what do I do now????


 

 

 
CarolynMae
08-21-2001, 06:32 PM
I was diagnosed 2weeks ago, bi lateral CTS, both wrists. After asking the standard questions, the Dr. said it was work related. I filed a WC claim and just heard back from them today. After going over everything my claim wa suspended panding further investigation. I explained my pain, going up into and the numbness in my three middle fingers, and that it has bothered me on and off for about ayear, just reciently due to increased data entry at work, getting much worse and also not improving even though I have been out of work and resting them for 2 weeks now. . The WC lady said that she doubts it's CTS or work related, as, #1, CTS affects the last three fingers (middle, rign & pinky), thats the first I heard of that, #2, said that if it was work rleated, it would have started immediatly 2 1/2 years ago when I started there (????huh?) and #3, said that if I am not doing repetitive motion and resting them, it she doesn't believe it can be CST or work related. Great, what do I do now? I have never heard of anything she told me, all my research showed the exact opposite.

Any help would be greatly appreciated

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mbsmom
08-21-2001, 10:53 PM
Don't let the comp investigator intimidate you--they try to do it so you will drop the case. Their job is to discourage comp cases, not help you-the object is to save money at your expense and health. When I first filed, I was told the same thing, and for a moment I felt unsure and frightened, then I got angry. It is untrue to say the signs of CTS would appear immediately-it is repetitive motion that causes this not a strain or sprain-sudden type injury. Find yourself a lawyer experienced with compensation. Once you retain a lawyer you should be able to obtain some kind of therapy also while you claim is processed. Remember compensation insurance is to protect its clients(your employer) not you; don't let yourself become a victim---FIGHT FOR YOUR RIGHTS!!!!!

Carol
08-22-2001, 10:39 AM
let me just start by telling you, CTS effects the FIRST 3 fingers, thumb,pointer and middle,not the other way around. I don't know about WC because I never filed a claim but her info is wrong.good luck to you.

CarolynMae
08-22-2001, 11:45 AM
See, that's what I was thinking. You would think, being that workers comp was origionally intended to protect the EMPLOYEE, that they wouldn't make youfeel like an idiot or all but tell you your a faker. The very least they could do is know what they heck they are talking about, none of the info she told me, as far as her understanding of what CTS was, was either nothing I have heard of, or the complete oposite of anything I have heard of. I was more upset when I first talked to her, but now I'm just mad. I hurt, I'm uncomfortable, I am NOT faking this!. It is bad enough that when I do go into work, to either pick up forms, or drop them off (Dr. has had me out for 2 1/2 weeks now) that I have to put up with the silent treatment from my whole department, like I enjoy being bored out of my skull all day and in pain!!!! I shouldn't have to put up with it from WC too. she told me to ask at my Dr. appt today, what about an EMG, what fingers, etc, etc. well, I'll have her answers. Ive read a lot lately, from a lot of people here and on other message boards, all I can say is your all wonderful. No one should have to go through the pain we go through and have that compounded with all the other run around, from employers, WC, doctors, etc. I now know, It's hard enough just trying to get a good nights sleep, isn't that enough? I've even talked to complete strangers, who had stopped to ask about my wrist splints and tell me right to my face that theyr is NO such thing as CTS?!?!?!?!? Oh well, I guess I have just gotten a little madder than I thought. But truely, you are all great, hang in there and thank you

GOTTAGO2WORK
09-30-2001, 01:38 AM
CarolynMae,

I read your note and completely understand where you're coming from. But, as a nurse, I also understand where the insurance carrier is coming from. Couple questions. First of all, the woman who told you the incorrect information about which fingers are involved, is she at your employer, the insurance company, or the doctors office, what? Unless you were educated by the doctor, I don't know why you would listen to what anyone else's perception of their knowledge is. Especially, when it proved to obviously be nothing worth getting upset over. And, of course, in this day and age, your employer and the insurance carrier has every right to inquire about the nature of your injury. If someone filed a suit against you, wouldn't you want to know the details of it? The rationale for the complaint? Obviously, you do have hobbies. For one, you are on the computer. Who is to say that your injury and/or complaints are not the result of or aggravated by your hobbies or activities at home? This of course, is not due to work. Also, forgive me for saying so, but it seems that you cannot be in too much constant pain because otherwise you would be unable to type the note that you did. There are way too many people that take advantage of the work comp system. Some people wake up and have a "bad hair day", and they file a work comp claim! NO LIE!!! Unfortunately, every brother and their cousin, uncle, friend, wife's 77th cousin is so God blessed lawsuit happy this just completely adds to everyone's fears. Best advice: DO NOT GET A LAWYER!!! Once you do, you break off all contacts with your work comp carrier, and can totally be to your DISADVANTAGE. The majority of the time, the work comp insurance carrier is the only one who is on the employee's side and truly has their best interest at heart. Everyone thinks a lawyer is going to help them, but in the long run, and $$$ wise, that is not the case. Many, many doctors and lawyers have completely divulged the work comp industry into cops and robbers, and way too many of them are total crooks! If it wasn't so unethical, I could give you a whole long list of doctors, lawyers, etc., who play this "I'll put $ in your pocket, if you put $ in mine" game. All the employee is to them is the $$$ and a number. Best advice: 1)Get treatment. 2) Ditch the attorney idea. 3) Work with your insurance carrier. 4) Go back to work, get on with your life and start living again!!!

:angel:

ShavedMyDamnHead
10-02-2001, 06:29 PM
Hey Gotta,
"Do not get a lawyer," eh? Well dear, it's called leveling the playing field. The insurance companies have lawyers on their side...so why shouldn't we??

GOTTAGO2WORK
10-02-2001, 11:02 PM
Hey, Shaved (???)! Like my post said, tell me what good are they going to do you in the first place??? Secondly, what do you know about insurance companies? And third, the playing field is more than COMPLETELY level until people start jerking around,malingering, faking, taking advantage and milking the system. Then, you're right. The insurance companies have every right in the world to get their lawyers involved. Check out the definition FRAUD and get back with me. Then maybe you'll be a little bit more educated and possibly have room to complain.

:angel:

GOTTAGO2WORK
10-02-2001, 11:09 PM
Hey, Shaved (???)! Like my post said, tell me what good are they going to do you in the first place??? Secondly, what do you know about insurance companies? And third, the playing field is more than COMPLETELY level until people start jerking around,malingering, faking, taking advantage and milking the system. Then, you're right. The insurance companies have every right in the world to get their lawyers involved. Check out the definition FRAUD and get back with me. Then maybe you'll be a little bit more educated and possibly have room to complain.

:angel:

GOTTAGO2WORK
10-02-2001, 11:20 PM
Hey, Shaved (???)! Like my post said, tell me what good are they going to do you in the first place??? Secondly, what do you know about insurance companies? And third, the playing field is more than COMPLETELY level until people start jerking around,malingering, faking, taking advantage and milking the system. Then, you're right. The insurance companies have every right in the world to get their lawyers involved. Check out the definition FRAUD and get back with me. Then maybe you'll be a little bit more educated and possibly have room to complain.

:angel:

CarolynMae
10-03-2001, 01:14 PM
Ok, now this is the 2nd post in which you have inferred I am a faker. I'm sorry, but typing with one finger, barely able to hold a pen or tie my shoes, I am not faking. My Dr. sent me back to work light duty, and before I even walked in the door, they can me, I have to make damn sure I do NOT get screwed with the w/c as my health ins is now gone, and I can assure you that outside of work, I am basically a lazy person, typing for 8+ hours a day, 5 days a week non-stop for years is what caused this, so if you have any other points to make about fakers of fraud or other causes, take them out of my post and post your own, because basically, I don't have the typing stamina I used to to defend my self.

Thank yoi

CarolynMae
10-03-2001, 01:15 PM
Also,to Shaved - Thank you

ShavedMyDamnHead
10-03-2001, 04:51 PM
"Hey, Shaved (???)! Like my post said, tell me what good are they going to do you in the first place???"

Well for one, most people (I'd say 75% or more) don't know their rights in regards to WC. The insurance co. know this and take full advantage of people's ignorance. The ins. companies are going to try and save every penny they can...Do you really think they care about the health and welfare of the employees??? They only care about their bottom line. So Gotta, can you tell me what that means? It simply means they will screw you (you, meaning the injured worker) over as much as they legally (and illegaly) can. Lawyers know the laws, and protect the injured worker from being taken advantage of.

"the playing field is more than COMPLETELY level until people start jerking around,malingering, faking, taking advantage and milking the system."

You must work for an ins. co., because anyone in their right mind knows the ins. companies are very minipulative, cunning, and down right scummy when dealing with an injured worker.

"The insurance companies have every right in the world to get their lawyers involved."

Uh, yeah, and so do the employees! Do you really think that FRAUD is only committed by the injured workers and the ins. companies are complete angels??? You're living in la la land hun.
Go choke on your anti-lawyer, anti-rights for employees propaganda.

"Once you do, you break off all contacts with your work comp carrier, and can totally be to your DISADVANTAGE. The majority of the time, the work comp insurance carrier is the only one who is on the employee's side and truly has their best interest at heart"

How the hell is it a person's DISADVANTAGE to break contacts w/ the WC company??? Oh, yeah, it's a disadvantage to get a lawyer whom knows your rights. As opposed to the ins. co. who is trying to strongarm the employee into accepting as little compensation as possible. The insurance carrier has the employees best interest at heart????!!!! That's the funniest thing I've ever seen. PLEASSSSE GIVE ME A BREAK!

God bless you Carolyn, and good luck in your recovery.

ShavedMyDamnHead
10-03-2001, 05:05 PM
[This message has been edited by ShavedMyDamnHead (edited 10-03-2001).]

[This message has been edited by ShavedMyDamnHead (edited 10-03-2001).]

CarolynMae
10-03-2001, 06:45 PM
Bravo!!!!!!

GOTTAGO2WORK
10-04-2001, 11:31 PM
CarolynMae,

First of all, my apologies if you thought I was calling you a faker. If you read my post again, without automatically getting on the defense, you will see that that is not the case. Jumping to conclusions, reading into stuff like you did. Now that may lead someone to believe you are trying to hide something or have some sort of guilt about it. So, like I said before, the insurance CAN and WILL BE your biggest advocate - IF you let them. In your last post, you said you got 'canned'. GEE, has it occurred to you to speak with your claims adjuster at the insurance company about this??? Unless there were other precipitating factors that lead your employer to terminate you - HINT: Here's a "FREE" lesson in workers comp ----- IT IS ILLEGAL for them to do that.

As far as "Shaved Too Many Brain Cells Off My Head"'s extremely uneducated remark -
"Well for one, most people (I'd say 75% or more) don't know their rights in regards to WC. The insurance co. know this and take full advantage of people's ignorance. The ins. companies are going to try and save every penny they can...Do you really think they care about the health and welfare of the employees??? They only care about their bottom line. So Gotta, can you tell me what that means? It simply means they will screw you (you, meaning the injured worker) over as much as they legally (and illegaly) can. Lawyers know the laws, and protect the injured worker from being taken advantage of.
----- As far as people knowing their rights -----
It is the employee's responsibility to know these - NOT their employer, NOT the insurance company. It's called being an accountable and responsible employee.

----- Insurance company's caring about the employees??? -----
Well, of course! DUH! There's evidence of more brain cells shaved off! IF you were educated whatsoever, you would know that that is the absolute truth! Why in the world do you think the insurance company's would invest in such a risky business in the first place - but other than for people's welfare. Someone needs to insure the irresponsible and non-caring employers whom allow such injuries as yours to happen CarolynMae. It sounds like "Electrocuted My D___ Head" has 20 or so too many chips on the shoulder and too many grudges by allowing people to taking advantage of him.

----- Lawyers know the law -----
????? What planet are you from? Have you ever had a work comp injury??? Why in the world do you think they advertise on television? If they have to go to that extreme to get clients - gee, what might be your first clue that they aren't any good in front of a judge? The majority of work comp lawyers are rejects. Yes, I did say rejects. You know, kind of like when the wanna be actors can't cut it in Hollywood so they end up being frustrated preachers!!! People check the BBB, etc., for complaints about various companies - tell me, have you checked out the background and credentials on the lawyers??? As far as the lawyers, it sounds like "Fried My D___ Brain" has been watching way too much TV and lawyer commercials. Think about it. An injured employee has carpal tunnel and has a release done. What right does the employee/lawyer would take advantage of their employer and expect to receive treatment for their foot, pregnancy, migraines, back, and have their bathroom remodeled all because of a carpal tunnel injury? It is the insurance company's responsibility to ensure that the injured employee receives the best treatment possible for their injury. It is the lawyer who screws around, delaying things, yanking the employee from doctor to doctor, etc., all the whole while the employee goes untreated while the so-called lawyer does their 'song and dance routine', trying to make you think that they're doing something for you. In the mean time, they're rubbing elbows with other lawyers, and doctors who have gotten their medical licenses to practice REVOKED!!! Sounds like a great doctor to be treated by, huh? One who doesn't know what he's doing? Talk about the bottom line - the lawyer will usually send anyone whether they need surgery or not to a doctor who will do YOU, the injured worker, the complete disservice, of butchering on you or making YOU his guinea pig.

Ever consider this? Do you really think if I was anti-employee that I would be on here helping you to get an education in work comp???

CarolynMae, like I said earlier, my apologies to you. My comments are not directed towards you. I really am just trying to help you because I know and understand how confusing, upsetting, frustrating, not to mention painful experiencing a work comp injury can be. I myself have "been there, done that". And as you may have guessed, yes I am very well versed in the work comp arena. Please, I would love to serve as a resource for you. You can reach me at DEATH2BLADIN@AOL.COM.

Hope you're feeling better!
:angel:

ShavedMyDamnHead
10-07-2001, 03:43 AM
Resorting to name calling deary?? Fine. If we must.

Well there you have it, two totally different views of the WC system. We have the unbelievably cocky, arrogant, "I need to school you all on WC..blah blah blah" GOTTAGO CLEAN MY CROTCH saying the ins. company is the goodguy, we should all completely trust them, they have our best interests at heart. LOL For all of you that believe that, then by all means follow that advice, and thank good 'ol GOTTAGO BUY SOME DOUCHE for the consequences. Afterall GOTTAGO CHANGE MY TAMPON is the expert. Or maybe, GOTTAGO PAY MY PIMP needs to get her head out of the insurance company's *** , and realize they WILL minipulate and lie to the injured worker to force them to settle for peanuts. I've seen it done to too many good people.

It's time for me to shave my damn beautiful head, don't wanna get too worked up about GOTTAGO CLEAN MY BEDPAN'S ignorant, assinine advice. Night everyone.

palameana
11-14-2001, 07:17 AM
THIS IS IN REPLY TO NOT GETTING A LAYWER. MY WORK ALSO TOLD ME NOT TO GET ONE,I LEFT WORK AT THAT TIME AND HIRED ONE THAT AFTERNOON. AS A NURSE YOU SHOULD KNOW DOCTORS, INSURANCE COMPANIES HAVE A WAY OF WORDING THINGS TO CONFUSE THE EVERYDAY PERSON. THAT IS ONE OF THE REASONS I HIRED ONE TO MAKE SURE I UNDERSTOOD EVERYTHING GOING ON BECAUSE YOU ARE RIGHT I DO NOT UNDERSTAND WC LAWS.MY LAWYER IS NOT THE ONE SENDING ME TO SEVERAL OF HIS DOCTORS,EMG TESTS ETC. AND SINCE I AM NOT LYING ABOUT THIS I DIDN'T MIND BUT THEIR DOCTORS AND TESTS HAVE SHOWN I HAVE BI-LATERAL CARPAL TUNNEL. SINCE THE FIRST COMPLAINT WORK HAS CHANGED MANY THINGS ABOUT THE JOB: THEY HAVE NOW MADE IT INTO A TWO PERSON JOB, HAVE CHANGED A PART THAT WAS A BIG FACTOR IN MY GETTING THIS, GOT RID OF ALL THE OLD PARTS (SO THEY THINK). WHILE I WAS ON VACATION THEY MADE A TAPE THE NEW WAY OF DOING THINGS AND TOLD THE PERSON IN THE TAPE TO GO AT A SLOW RATE OF SPEED AS IT WAS GOING TO BE USED FOR A TRAINING VIDEO. THIS IS THE SAME TAPE THEY SENT TO THEIR DOCTOR WHO CONCLUDED YES I HAVE BI-LATERAL CARPAL TUNNEL BUT BECAUSE OF THE RATE OF SPEED OF THE JOB BEING DONE IN VIDEO HE CONCLUDES IT IS NOT THE SOLE RESULT OF THE JOB. AND YOU SAY DO NOT GET A LAYWER,WHO DO YOU WORK FOR WC? AS FOR BEING ON COMPUTER WE POKE AND HOPE, HOBBIES? DON'T HAVE THEM,AND I'M NOT LOOKING TO GET MY BATHROOM REMODELED, WHAT I AM LOOKING FOR IS DOWN LIFES HIGHWAY BEING ABLE TO GO OUTSIDE WITH MY TWO YEAR OLD THROWING THE BALL SO HE CAN PRACTICE BASEBALL AND CATCHING IT INSTEAD OF BATTING IT AWAY FROM MY FACE WITH THE CLUB THAT HANGS AT THE END OF MY ARM. NOT EVERYONE IS LOOKING TO LINE THEIR POCKETS WITH GOLD SOME OF US JUST WANT HELP THAT WE RIGHTFUULY DESERVE. OF COURSE WC SENT ME A SETTLEMENT 3500.00 AND MEDICAL FOR ONE YEAR NOT SAYING THEY WOULD PAY FOR SURGERY AS A DISPUTED CLAIM. YES I HAD AN ANSWER FOR THEM AND AS YOU SAID I SEVERED ALL DIRECT CONTACTS WITH WC SO I CALLED MY LAYWER AND GAVE HIM MY ANSWER HE** NO

MaryAnne5
11-17-2001, 10:53 AM
Insurance is insurance. It doesn't matter who the carrier is. Let me tell you my story. I was employed by the largest school system in Georgia. After 12 years of typing I developed carpal tunnel. This was the result of performing not only my job, but the job of other(less qualified) co-workers who either left, or were promoted into higher positions. My illness deteriorated to the point that my figures were turning blue and I couldn't use my right arm to drive. Still....the school system did not file workers compensation. I used my private insurance to pay for the operation. So, what happened?
A black employee was hired, no one like him he was black. So they fired him and were they going to put his work on my desk, ABSOLUTELY. I quit, filed with WC and the EEOC.
There is no easy solution to carpal tunnel. It depends upon your company and coworkers. They will either support you or fire you. I recently had to go back to this employer and complain that some schools were calling me to work for them. The central office staff had neglected to inform the school personnel that I was banned from working for them, under the agreement THEY had written. Does this make sense?
I will be the first to admit we are backwards here in Georgia. I would suggest all of you not only file a complaint, but let the EEOC do their job. I didn't sue with the EEOC, because Georgia is a right to work state. I made the mistake of assuming my ex-employer understood this implication, but they didn't.

palameana
11-18-2001, 10:27 PM
Parden my igorance what is eeoc? Tennessee is also a right to work state, but lucky for me they can't outright fire me. They have tried the harrassment thing which they were quick to learn I would not put up with that when I filed a grievence against the company. I work on an assembly line with power drills and will not give them an excuse to fire me that they could get away with even with union so I just stand on my job and let the tears flow from the pain when it gets that bad, if I have to crawl in there I'll be there. The other option my laywer and I are looking at is my insurance then suing for reimbursement. It just makes me so mad they changed so much of the job but still question wheter I got it from there. If I didn't why change anything, when I have nothing to do they never even suggest I help with the part another person does that caused it they just let me stand there while that person is behind. As for co-workers standing behind me they fired one when she was first hired for not being able to do the part which has caused this then rehired her, others no longer work there, since all this started so they don't have to worry about reprecusions if they stand by me.

MaryAnne5
11-19-2001, 10:16 AM
The comment about the EEOC(equal employment opportunity commission) was directed at the individual from WI. She said something about they had
"can" her. It sounded like they fired her. A company will fire you to force you to work for someone else. Their argument being she's working, we shouldn't have to pay workers comp. wages or any kind of settlemnt towards cost of her medical treatment, insurance etc.
In your case, read the entry from bamabryer on this web site. I've been talking with her for a while. She works in Alabama and her situation is similiar to yours. I think she's developed back problems from having carpal tunnel/surgery. I don't know about you, but I have to drive with my left hand now. I have to concentrate on balancing the load between my arms, my right arm being weaker than my left, and of course I am right handed. Also, my employer did not put me on 'light duty'. They wouldn't even cut back on the overtime/I couldn't take sick leave etc. So, what happened is I developed something called RSD. This is an injury upon an injury resulting in permanent chronic pain. I am dealing with it and can work (type etc.). But, getting a WC claim thru on something like RSD is impossible, you see the problems you are having with the carpal tunnel claim. Bamabryer's company placed her in another position. I know I can't lift heavy items, I have difficulty driving over 45 minutes in traffic etc. so YOU NEED TO BE CAREFUL. If you are pressured, moreso than other co-workers that can be considered discrimination (EEOC). But, you have to have a GOOD attorney, someone who knows this area. It could be age, sex. I was told under ADA (American with Disabilities act) I could have sued for a my job back, under something called a "perceived disability". The company assuming you can't work in the position you are in, so they fire you etc. But, in my situation it was nothing more than sex discrimination, being I am a female. My ex-employer required me to do more work than my co-workers, and this was EVEN when I was injured. Something like this takes years to get thru the system, they still can't determine how to handle carpal tunnel claims.

kmcodyntn
12-14-2001, 06:10 PM
On sep.20, 1999 I was injured during the normal course of work.
I was climbing out of the back of the trailer and my wrist just popped or so it felt like, I lost my grip and fell 12 feet to the ground on my back and elbow.
I worked for a large pizza chain and delivered supplies to the stores.
Repetitive lifting in tight confined spaces, several wrist and elbow injuries, 2 rotator cuff tears.
The Dr diagnosed me and had a emg done and found out I had cubital tunnel syndrome and carpel tunnel.
I have had pain in the wrist and elbow prior to the accident and the Dr believes it is work related due to the frequent lifting and bending of the elbow.
I was scheduled for surgery and the w/comp ins. Co said no and I have been fighting with them for 2 years now. 2 months after they said no I hired a lawyer and soon after the 1st of the year I will get my surgery. It was a long battle, but with a RSI you really need a lawyer! W/comp ins. companies are as cheap as they come when it comes to a RSI so protect yourselves!

cbr600
12-14-2001, 08:49 PM
Its taken two months for wcb to accept my claim had to file lots of paperwork meet with a occupational therapist But they seen things my way I am a mechanic by trade 11+years I don't do the same things daily all was something differant ...but basicily the same tools all the time...Just keep up the battle ..and hound them ...remember the squeeky wheel gets the grease Good luck





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