Workman's Comp Problems (CA)

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Got2buzz
Posts: 5
Joined: Sat Oct 07, 2006 8:05 pm
Location: San Diego, CA.

Workman's Comp Problems (CA)

Post by Got2buzz » Sun Oct 29, 2006 10:29 pm

Might be a good topic to share experiences and what worked to get the care you needed.(?)

Although I have a legitimate claim I've been told (by a Workman's Comp acting JUDGE) that I better get a lawer ASAP or I'll be SOL. :cry:

Take care

randolph
Posts: 429
Joined: Thu Oct 27, 2005 12:05 pm
Location: Wilkesboro NC

Post by randolph » Mon Oct 30, 2006 12:16 am

Yes, great topic.

I suspect most of us found this site because we couln't afford (for whatever reasons) surgery or other expensive medical treatments, or wanted to do battle with our back problems without spending a lot of money. When my back problems got bad last year, I was very suspicious of traditional medicine and stupidly dropped a few hundred $$ on a chiropractor ... which led to looking for alternatives on the web ... and then to here. Since that time, I've come to value a terrific GP and have learned that traditional medicine is not to be feared, but wisely used.

I was not injured on the job, so I haven't been involved with the workman's comp circus.

The most important thing I ever did financially to assist in the back rebuilding process was to always have a big rainy day fund behind me. For some reason, I never got caught up in credit cards and getting in debt. So when I was injured last year, it was no problem for me to take several months off to allow adequate time for resting and healing at home. Not rich by any means, but always kept enough in the bank to pay bills for several months if I couldn't work. If I'd had to keep working in spite of my injury (which unfortunately a lot of folks have to do), I doubt I would be making the good recovery I am making now. And maybe I was just lucky: I was ready to work before the rainy day fund was used up.

After not working for 4 months, I qualified for the NC state medicaid and took advantage of that to have an MRI done and meet several times with a GP and OP to make sure I was on the right track with RYB. Apparently I am.

Like Curtis, I'm interested in knowing how others are managing financially with this medical strain on the budget.

Randolph

Dean
Site Admin
Posts: 329
Joined: Mon Jun 06, 2005 7:13 am

Post by Dean » Thu Nov 02, 2006 1:27 pm

Hi Curtis,

Welcome aboard, I've read your posts elsewhere in the forum and just wanted to mention -- because I haven't in awhile -- that I do read every post even though I seldom answer any.

It's not that I'm ignoring anyone. I simply hang back on purpose in order to allow the forum to be "group interaction" rather than just me expressing my opinions.

I think you've made a good suggestion and you could try starting a discussion in the Community section and see if anyone has any similar experiences to share.

In fact, I think I'll just move this post to that section and open it up for discussion. If there is enough interest, I can create a separate category for posts related to Workman's Comp and insurance issues.

So... anyone have any advice, tips, or horror stories to tell? If so, feel free to continue this thread or start another one.

Dean

SeafordMdf
Posts: 68
Joined: Sun Mar 19, 2006 1:00 am
Location: Melbourne , Australia

Post by SeafordMdf » Sun Nov 05, 2006 2:40 am

Glad someone has raised this one , As I was hesitant to go down this path within our forum as " I was thinking complaining about the Workers Comp side of the problem , was side tracking away from what we are trying to achieve , GETTING BETTER !"

I'll share my Horror story to anyone who wants to read it !

I'm Not after any sympathy !!!! , Just trying to make others understand What I did wrong and how to ensure no other genuine person ends up in my MESS !!

In 4 days time ( 11th November 2006 ) it will be 3 Years to the day my back finally told me enough was Enough .

I had been working for a medium sized entertainment / amusement company here in Australia that was owned by a HUGE US company at the time ( I WILL NOT name them ! )

I worked for 5 or 6 Days a week , Most of the time on my side of the job I was working alone , Daily I had to Lift And Lower a 11 Stone ( 75 KG ) Machine about 4 times each day , 75% of the time without any help , Keep in mind also I weigh 75 Kgs , So I was lifting / lowering my own weight ! ( OK , The Machine was on wheels , so the actually lift/lower may have become 30 -> 50 Kgs via the Mechanical advantage of the wheels ? )

Ok , So on that fatefull day , I was LOWERING the machine in the workshop and my back just gave up , BANG I was on the floor in pain and literally crying, Fortunately I had another workmate on site at the time who saw the whole event .

We wrote the event up in the Accident book & I managed to last thru the rest of that working day .

I decided to "Work Thru " the pain for about 2 weeks ( Not wanting to be labelled a Compo Job ) , But eventually my pain threshold was exceeded and I went off to a local Hospital to see what damage I had done .

The doctor who I saw said " Yes pretty severe back strain , Best option is to head off to the nearest Physiotherapist for some treatment and a better look at the problem "

He said , "Best make this bill out as a Worker Comp Claim"

MY BIGGEST MISTAKE EVER !! , I Did not register it as a Claim , "I thought a few visits to the PT and I'll be 100%"

OK , Well the PT was a GREAT HELP after 2 visits I was moving very freely and my range of movement was 75% or better , I was getting around pretty well , But I was still in a LOT of PAIN .

The PT said , " You should make this a CLAIM "

Once again stupid me thought " A few weeks or months of the PT work and I'll be 100% " so no claim lodged :roll:

So I had asked my Employer for light duties ( No Heavy lifting Etc ) Since I had not lodged a "Comp Claim" they Ignored me and I was still lifting this 75Kg machine and doing heavy mechanical work .

After almost 3 months of pain , I eventually had enough , My Employer was not interested in my " Well being " and after a really BAD day at work where I literally HAD TO CRAWL OUT OF THE BUILDING TO THE CAR almost unable to walk , I got back home and made my choice , ( I Faxed my INSTANT RESIGNATION to my Employer and NEVER RETURNED )

My Employer never even bothered to call me to see If I was OK or If there was anything they could do to help , Seems they were glad that they were rid of an OVERHEAD ? that was going to cost them $$$$$

Ok , So here Is what all this has cost me , by trying to be a NICE GUY and not get labelled as a " COMPO JOB "

1/ Just Prior to doing the back I had sold my Home and placed a deposit on a Nice Homestead on 6 Acres ( I realised a month or 2 after the injury that I could NOT look after a 6 Acre property by myself & I placed that New Property back onto the Market to Re-Sell , After 18 Months I sold it at a $10,000.00 LOSS )

2/ Since I had some money in the Bank I WAS NOT allowed to claim any UNEMPLOYMENT PAYMENTS

3/ I had to cover ALL my Medical Bills ( $3000.00+ )

4/ I had to live somewhere , So I have had to pay rent for the last 3 Yrs ( 33,000.00+)

So there we have a $46,000.00+ LOSS just to survive the last 3 Years and what Is worse is I cannot get a Job doing ANYTHING as once they find out that I've had a Back Injury NO EMPLOYER wants you within 10 Miles !! :shock:

NOW HERE IS WHERE THIS IS ALL MY MISTAKE & I DO NOT WANT ANYONE TO MAKE THE SAME MISTAKES EVER !!!

1/ I've been a Union Shop Steward for most of my working life 26 + Yrs
2/ I hold a Certificate 3 in Occupational Health and Safety ( The next step is Cert 4 / Diploma which would allow me to be Goverment OHS inspector ( If a job was available ) )

So , Here is my point , I Was FULLY equipped with ALL THE TOOLS & INFO TO ENSURE THAT I DID NOT END UP IN THIS MESS

Point in case - If you injure yourself at work , LODGE A WORK CLAIM regardless of what the injury is .

IF you don't you could well end up in a mess similar to mine :shock:

BTW , There is a LOT more , this is only the very Brief version !!! :(

Be SAFE out there Not Stupid like I was !

I won't even mention the Personal Income Protection Insurance ( $1500+ PA ) that I have been paying for 12+ yrs that ALSO refused to Pay me ANYTHING !

DO NOT BE AS STUPID AS I HAVE BEEN !!!!

An Accident at WORK is due for COMP even if it is minor , Cover your A$$ !

I'll add just a bit more

My Girlfriend and I had been seriously considering having a Child ( She had been married B4 with 2 Adult Children , I've never been married and was keen for at least one kiddy ! )

But after this mess , It Is GAME OVER , I'm now 43 & the G/F is 47 there is probably NO CHANCE that we will ever have Children :(

Please consider THAT if you ever injure yourself at work , It's YOUR LIFE , NOT YOUR EMPLOYERS LIFE

Steven
Posts: 112
Joined: Sun Jun 05, 2005 10:00 pm

Post by Steven » Mon Nov 13, 2006 11:59 am

Hi SeafordMdf,

Very moving story and some excellent advice. Thanks for sharing it. I hope you can find a way to turn your situation around and get back what you've lost (at least financially). The time we never get back, unfortunately.

Good luck,
Steven

lovecrafts

workman's comp screwing people

Post by lovecrafts » Tue Apr 08, 2008 7:51 am

The following has been sent to the White house, Governor Christ, 20/20, the O'Reilly factor. my Congressman, and to my local news station. I have been searching the internet for any information I can find on workman's comp. I did find a few on workman's comp horror stories. I'm hoping that this story may fall under Human Rights. It's a fact that so many people that live in Florida and are being screwed my workman's comp are having there human rights taken away by them. We'll take help from anyone we can find to help us.
Thanks Judy Bourne

Click here: Exposing The Workman's Compensation Nightmare of America's Worker's Petition

Click here: WORKERS' COMPENSATION: BAD FAITH & BREACH OF CONTRACT - Signatures


I've heard from The White House and I've heard from Governor Christ's office. I'm writing to you because there is a big problem here in Florida that I don't think is to well known. It's the way employers treat there employees, and the way workman's comp, treats people who have been hurt at work. My daughter and her family are a few months away from losing there house. Last May 2007, her husband was at work, he was a plumber, he was on a construction site, he fell over a board and wrenched his leg. Back about 17 years ago he was involved in a car accident. His car was hit and totaled. He almost lost his life. He had a rod put into his leg and after a lot of recovery time was back living his life. After falling over this board, the rod moved and was now coming through his bone. This is a little bit about my daughter and son in law. He was introduced to my daughter by my son and took there relationship slowly, because my daughter had just come out of a bad marriage. Seven years ago they moved to Florida. They were married here and started there new life. It wasn't easy because of there past and they had no choice but to claim bankruptcy. My daughter worked for an animal hospital and my son in law became a plumber. It was very important to them to get there credit on track. They did, and bought there first home not to long after. My daughter had her first child in March of 2002. She was forced out of her job by her boss because her job no longer came first. Her husband was making good money and they found that my daughter didn't have to work. Her husband had a lot of over time and took it whenever it was there. They decided to try for another child in 2006. In May of 2007 my son in law had the accident at work. They didn't know what they were going to do with a new baby on the way. Thank God it was a workers comp case. Yeah right. After receiving a few comp checks, they just stopped. When my son-in-law called to see why they had stopped, he was told there was a discrepancy in something he said and all benefits would stop. Now they had no money coming in, he wasn't able to see his Dr any more, so there would be no pills for his pain and no surgery. My son in law had no choice but to hire a Lawyer. His question was, what did I say that would make workers comp stop sending me my checks. All he wanted was to get his leg fixed so he could go back to work. No one would tell him what he said that caused all of this. They have now used almost all of the equity in there home for food and bills and have borrowed all any of us have to give them. My daughter told me they have maybe 2 more months of bill money left. Because he was told before the comp checks stopped, that he could do light work, he is considered "working" and was not able to use the protection he had on his second mortgage and some of the credit cards. So they were caught between a rock and a hard place. He now drives over one hour sitting in his truck that kills his leg, sitting at a desk all day, and spending almost, if not more then half of the 250.00 he makes on the gas to get him there. So you can see there is not much left for food and bills. This is the second case that we know of where workman's comp has screwed a person. My son-in-laws friend that worked with him, fell from a balcony that had NO railing on it at a job site, and he broke his back and wrist. Workman's comp went right to the hospital so they could get a drug test, but he had just been brought in and at that time wasn't able to give a urine sample, the Dr's told them to come back and from what I've heard they had 24 hours to come back, but they didn't. He never received one check from them. They said he refused a drug test, he never refused one, that wasn't first on his mind being brought into the hospital with a broken back and wrist. Workman's comp fixed his wrist and even settled the case with him, but he went for over a year with no money coming in, either. If workman's comp said it wasn't a comp case, WHY, did they fix his wrist and give him a monetary settlement? He and his family just moved out of Florida this past December. He didn't want to live in a State that could do this to him. I'm sorry if I've been rambling on. We just don't understand how worker's comp can get away with what they do to people. All my son-in-law wanted was to have his surgery and go back to work. He can't sit long, he can't stand long, he can't play with his son and he can't hold or get down on the floor with his new baby girl. I'm sure it's over for my kids, it looks like they will lose the house they worked so hard for, but something has to be done with the way employees are treated down here by there employers and by the people they thought would be helping them if they got hurt at work. My son in law has a hearing on Jan. 25 the lawyer told him workmen's comp will most likely offer him 7,000 they've borrowed more then that. If workman's comp is willing to make an offer aren't they admitting he did get hurt at work and it was a comp case. We feel like he should get all back comp checks his surgery and a settlement. If they had fixed this right from the start my son-in-law would be back at work already.
Judy Bourne


After I sent this letter, my son-in-law had a hearing with his lawyer and a representative from workman's comp. The big question my son-in-law, and my daughter have had almost since my son-in-law got hurt at work in May 2007 was, why did his comp checks stop. If there was a discrepancy in something he said what was it. No one would give him an answer. At this hearing he finally got his answer. Workman's comp told him, it was because of an accident he had been in, seven years earlier, and he didn't tell them about it. He was working and he and another guy were driving in a work truck, he was the passenger when they were hit on the side of the truck, by a lady that was having a medical problem. The driver of the truck went to the hospital, but my son-in-law only went to get checked out the next day, because his boss thought it was best. My son-in-law was fine. He had even forgotten about the accident because it was not anything important enough to remember. He wasn't trying to hide the accident, he just didn't remember it. He and my daughter were very surprised that this was the reason they had stopped his checks. My son-in-law's lawyer wanted to know why the checks were stopped 3 weeks BEFORE they found out about this accident. They were not given an answer. The lawyer also wanted to know why she was never told of this. My son-in-law had a hearing scheduled on April 22, 2008 a date they were really looking forward to. There money is running out and this hearing will determine if they will lose there house or not. Last week my daughter came over to tell me they had received a letter from workman's comp stating that the hearing has been pushed to May 23, 2008 because workman's comp wants to subpoena there bank accounts and any IRA's they may have. My daughter and my son-in-law have no idea why they would want to see there bank accounts. It should have nothing to do with this case. We all feel that it's because they want to know how they are still afloat, and why they didn't jump at the money they were offered. They are still afloat because of home equity, family giving and lending them money.

I would like to add a little more to the letters above. I did hear from Charlie Christ's office. My letter was forwarded to " the right people " and I did hear from them. The lady that called me was very nice, her name was Linda Hayes, and she listened to the update of the story. She wanted my son-in-laws name but I didn't want to give it to her without his permission. He was very worried it would hurt his case. She told me that workman's comp had to go by the law and it would not hurt his case. I then told her, they were not going by the law so far and I would gladly give her my daughter's first name and phone number so she could call her and ask her permission, for her husbands name. She did call my daughter but my daughter told her, before I give you my husbands name, I would like him to speak to his lawyer first and see if she thinks it would be ok. You have to understand I sent the letter to the White House and to our Governor, but, I really never thought any one would care enough to get back to me, so I was not prepared with permission to give my son-in-law's name to anyone. My daughter told Linda Haye's they would call the lawyer and get back to her as soon as they heard from his lawyer. That was on a Friday. Monday came and went and on Tuesday at 5:00 PM the lawyer called my son-in-law and said yes, it was a good idea. It was to late to call Linda Haye's, so she was called the first thing Wednesday morning. She said she was sorry, but she closed it and sent a letter saying so, back to the governor's office. Once again we were all discouraged. We finally had a ray of hope, and there we were again, with no hope. I decided to call Tallahassee to the Governor's office and tell them what had happened, and to see if there was anything they could do. I spoke to a very nice lady that told me she would reopen it and send another letter to the same office. Weeks later I received a phone call from a man, from, I believe workman's comp, he wasn't all that nice, he told me he had received letter from the governor's office and he would be looking into it. I also told him I had sent the same letter to the White House and he said " oh Great, I'll be hearing from them too", I gave him my daughter's name and phone number and said if he called her right now he might even be able to speak with my son-in-law, and he would be able to get an update on what was now happening. He asked me my son-in-laws name and knowing it was ok to give it to him, I did. He never called my daughter or son-in-law. So he has no idea of what is now happening, and apparently doesn't care. Since then I have received a letter from Florida Dept. Of Financial Services.This letter was dated March 11 2008 and I have to believe the information they stated in this letter was up to date and accurate. It states that my son-in-laws checks stopped because of a discrepancy in something he had said during a few different conversations. I also received a letter in response to the letter I had sent to the white house. This letter came from the Dept. Of labor. It states, "compensation matters come under the sole jurisdiction of the individual state worker's compensation law" and that they have no authority to intervene in such matters. Now my daughter and my son-in-law and ALL of there family and friends would like to know why workman's comp has no one to regulate them and to watch over them. We all now know why they are able to screw so many people that get hurt at work in Florida and get away with it. We all think it's time some one looks into the cases that workman's comp have. When reading the letters I've received, the only one that is contradicting themselves is workman's comp. I found the fallowing on the computer, if this is true, then even if my son-in-law was hurt in that accident 7 years ago it, SHOULD NOT MAKE A DIFFERENCE, " Pre-existing condition, " An individual who suffers an aggravation of a pre- existing condition may receive Worker's Compensation benefits if work caused the per-existing condition to substantially worsen." We would love for this to be on the news. My son-in law has nothing to hide, he was hurt at work, but we all bet workman's comp are the one's with something to hide. The practice's of workman's comp have got to be looked into and stopped by someone. PLEASE help my kids, and any other family that may be going through the same thing.

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