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Old 01-21-2005, 08:52 PM   #1
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Join Date: Jan 2005
Posts: 58
Shakespeare HB User
Tired of fighting Workers Comp (depressed)

Hi All,
I am new to the boards but an old hand at back pain. I herniated L3-L4, L4-L5,L5-S1 at work 5 years ago. When I hurt myself my foreman would not let me off work to go to the Hospital. I went the next day. It seemed the only thing the MCO was interrested in was wether I passed the drug test or not. Of course I was clean. I do not use that stuff. The day after I went to the hospital and filed a Workers Comp claim I was fired.
I hired my first lawyer and he said they could fire me as I was damaged goods.
My first doctor fired me because I missed an appointment.
I hired my second lawyer and doctor. It took three years to get approval for surgery to alleviate some of the pain. It was pretty good right after the surgery. I got to reduce some of the meds I am on and could walk okay while I was going to PT.
One year post surgery it all fell apart. I am in just as much pain as pre surgery and on more meds. 4800mg neurontin, 200mg topomax,3600mg skelaxin(for muscle spasms) and 120mg oxycontin.
I have only received $3500 from BWC in the past 5 years. I haven't even gotten all my lost wages from my job.
While waiting for surgery my doctor released me to work limited. I found a job as a cashier. They fired me while I was in the hospital recovering from surgery.
I went from a productive healthy 37yr old to a tired 42yr old who is trying to support her two children on Welfare.
I was also being treated for Major Depressive Disorder that was cause by my situation. My disability has broken up my marriege.
I decided to go back to college and retrain myself for a job I can physycally do. No help from BWC there, I foot the bill for this.
I am too tired to fight anymore so I am settling. BWC says that all of this is only worth $20k. Not even enough to pay for my meds for a year.
Anyone out there got any advice? I have heard that my case may be able to be revisitied after settlement.
Also does anyone have any idea if my being listed as Temporary Total disabled by BWC will I be elegible for Social Security? I still am not able to work full time. I am very limited.
Any help or advicce would be appreciated.

 
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Old 01-21-2005, 09:13 PM   #2
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Join Date: Jul 2004
Location: usa
Posts: 2,943
mel1977 HB User
Re: Tired of fighting Workers Comp (depressed)

I wish I had some advice, but I don't as I just am not aware of how all that works. I can say that I am sorry for all you have been through and that we are a group of great people who help and support each other. We have all hit our own kinds of depression in one way or another. I just want to wish you all the best in the world and that you are strong even if you don't think so. Stay strong, okay? I hope someone can give you some good advice.

 
Old 01-25-2005, 05:53 PM   #3
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Join Date: Sep 2003
Location: usa
Posts: 201
StarAngel3 HB User
Post Re: Tired of fighting Workers Comp (depressed)

Just my humble opinion that money is way way to small for your injuries, if I were you, I would not settle for that small amount of money..It is their job to wear you down so you will settle for the first thing they offer you, remember you can't get a new back, and you will suffer for the rest of your life with those injuries...So don't give up yet....I do think you might be able to get Social Security, so apply if you haven't already...Good luck..StarAngel..

 
Old 01-26-2005, 07:50 AM   #4
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Join Date: May 2003
Location: Mansfield,Ohio USA
Posts: 1,176
jdlfmc HB User
Re: Tired of fighting Workers Comp (depressed)

I was where you are and can tell you that my heart goes out to you, after many yrs of fighting I took the small settlement I had ran out of alternatives and did not have the money for a trial by jury which I'm sure I could have won but when you don't have the means to fight you do what you have to, I am now permantly disabled and the money is gone and fighting for SSD.
A couple of things I want you to know first of all you are to neber disclose the amount of a settlement publicaly they can demand repayment if they find out you will see this in the fine print of the settlement.
I have to say that the WC battle just wore me out and though I felt like I got the raw end I have worked hard at accepting this and moving on as you will need to do also to have any peace of mind.
I hope you can find peace and happiness and get a education in something that will help you to become al you can and want and don't feel to bad not many win with WC.
Linda

 
Old 01-26-2005, 08:54 AM   #5
Senior Member
(female)
 
Join Date: Nov 2004
Location: east coast
Posts: 119
sadies mom HB User
Re: Tired of fighting Workers Comp (depressed)

I am in the same boat as you. I have been injured for almost 5 years now but worked thru thru pain ,surgeries, setbacks etc. Until one year ago when I fell from weakness/neuropathy in my legs r/t the back injury. I fractured my ankle in 4 places~have had 2 surgeries so far and will probably need a 3rd. Wkmns comp was fine for a while~then I got a new adjuster who is pretty much trying to get promoted on my case! it's awful to be in pain,depresed, out of a job, and fighting for your dignity with wkmns comp! I get so down and defeated some days. Just keep fighting and make sure your lawyer does to~keep the lines of comm open with her/him. Good luck and remember your not alone!

 
Old 01-31-2005, 05:19 PM   #6
Junior Member
(female)
 
Join Date: Jan 2005
Posts: 20
fibrolady HB User
Re: Tired of fighting Workers Comp (depressed)

[QUOTE=Shakespeare]Hi All,
I am new to the boards but an old hand at back pain. I herniated L3-L4, L4-L5,L5-S1 at work 5 years ago. When I hurt myself my foreman would not let me off work to go to the Hospital. I went the next day. It seemed the only thing the MCO was interrested in was wether I passed the drug test or not. Of course I was clean. I do not use that stuff. The day after I went to the hospital and filed a Workers Comp claim I was fired.
I hired my first lawyer and he said they could fire me as I was damaged goods.
My first doctor fired me because I missed an appointment.
I hired my second lawyer and doctor. It took three years to get approval for surgery to alleviate some of the pain. It was pretty good right after the surgery. I got to reduce some of the meds I am on and could walk okay while I was going to PT.
One year post surgery it all fell apart. I am in just as much pain as pre surgery and on more meds. 4800mg neurontin, 200mg topomax,3600mg skelaxin(for muscle spasms) and 120mg oxycontin.
I have only received $3500 from BWC in the past 5 years. I haven't even gotten all my lost wages from my job.
While waiting for surgery my doctor released me to work limited. I found a job as a cashier. They fired me while I was in the hospital recovering from surgery.
I went from a productive healthy 37yr old to a tired 42yr old who is trying to support her two children on Welfare.
I was also being treated for Major Depressive Disorder that was cause by my situation. My disability has broken up my marriege.
I decided to go back to college and retrain myself for a job I can physycally do. No help from BWC there, I foot the bill for this.
I am too tired to fight anymore so I am settling. BWC says that all of this is only worth $20k. Not even enough to pay for my meds for a year.
Anyone out there got any advice? I have heard that my case may be able to be revisitied after settlement.
Also does anyone have any idea if my being listed as Temporary Total disabled by BWC will I be elegible for Social Security? I still am not able to work full time. I am very limited.
Any help or advicce would be appreciated.[/QUOTE]


First, get yourself a Worker's Comp attorney BEFORE you settle. My employer terminated my employment when I returned to work, which I found out is against the law. I was given a settlement for this, separate from my WC settlement. Your WC attorney can file for a Hearing, wherein you are given the opportunity to receive reimbursement for your out-of-pocket expenses, re-training, back wages and even to ask for life-time medical, in addition to any financial settlement for disabililty, be it part or full. In CA, you start by filing a State disability claim. State only pays for 1 year, then you have to file for Social Security disability. When I got to that stage, I hired an attorney who specialized in Social Security disability. Initially, Social Security denied my claim (seems they also deny), so my Social Security attorney requested a Hearing. The Hearing is not a jury trial. It's usually you, your attorney and a judge advocate, who will ask to review your medical records, independent medical evaluation, degree of disability, etc. I won without a fight and received back benefits as well as monthly benefits. So don't give up too easily. I know the frustration involved, but I do believe having a worker's comp attorney really helped me get through the ordeal. And, in my case, I had 2 separate work injuries involving 2 different employers, so it was quite involved. My workers comp attorney was able to get the first insurance carrier to advance me money against my settlement. Any amounts advanced to you are then deducted from your final settlement.

My attorneys were both paid from my settlements at the end. No out-of-pocket, and their fees are regulated. So keep accurate records and keep a diary or phone log of conversations and things said by your employer, because this will only help your case later.

My heart goes out to you. Keep the faith.

 
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