AboutMargot RN BScN GNC Expertise Please feel free to ask anything, but the more specific you are, the easier it is for me. Please share as many details as you are comfortable doing. I do check my Emails daily Monday through Friday so you should receive an answer within 24 hours on most business days. Thanks.
Experience I have 18 years experience as a Small Business Owner-Operator; I own a Nursing Agency so often deal with both employee and client injuries. I would be pleased to offer any assistance I can. If I can not answer your question I'll do my best to direct you to an appropriate resource. Thank you. Experience in the area 20 years of Long Term Care and Community Nursing, specialising in Geriatrics, Gerontology and PalliativeCare.
Education/Credentials Registered Nurse , Certified Gerontological Nurse, Bachelor of Science in Nursing >
Question We live in TN, my son (29)hurt backwork the first week of Aug,2006..given a choice by employer of 3 Docs to choose from.(None either of us has ever been to) told he just had a pulled muscle sent on light duty, a few days later pain got much worse, sent back to same doctor, who gave meds and refered to back therapy..Pain just got worse and went to legs, doctor upset with son and his complaints and "refered" him to Nerologist, who did MrI and other test and found a bulging disk touching the spine..placed on continue light duty til next visit which is Oct,26,2006..Out of the blue my son recieved a phone call from his employer to go visit first doctor (company) Family practioner...he said he didnot agree with specialist and was now placing my son on full duty..son tried to perform these duties but could not and was asked to leave his shift because he could not perform duties since doctor cut him loose...after talking with case manager for insurance company they stated he was never authorised for tests from specialist but this was not true as we have had this verified by specialist doctors office...was approved by company secretary...now company and insurance company stating he is not approved to go back for next visit with nuero...son is unable to perform duties at work as they say they have nothing for him but have not stated he has been fired..and continue to send him home..we just want his back fixed so he can work again but are getting run around and i feel they are trying to make him quit and hoping he will forget about the whole thing...not happening as yet.. IS IT TIME WE SEEK LEGAL ADVISE FROM ATTORNEY as we are running out of options... Thank you..
Answer Hi Diane and thanks for writing,
I always recommend people at least consult with a lawyer experienced in WC cases, even if you don't want them involved in the negotiations just to protect yourself and make sure you're aware of all your rights. Your son's case sounds very unfair and the employer may be playing games to try and make him give up, but don't - he has a legitimate work-related injury and is entitled to coverage.
When you look at settling, the things you'll want to consider are:
-lost wages during your time off,
-any expenses you incurred due to the injury (Physician visits, Chiropractors, Physio Therapists, Transportation to/from any of the above; Medical Supplies like bandages, braces, crutches, pain medication including pills and ointments; Fees for filling out forms for you or from the doctors); Postage and/or Fax expenses,
-any lost benefits (Vacation Days, Stat Holidays or Stat Pay, Medical-Dental coverage, etc),
-any costs you may incur upon return to work (time off or cost of making up any education or in-services you may have missed; any training you may need to do prior to returning to work),
-if you will be doing a Graduated Return to Work Program [most people do this if they've been off more than 30 days and/or need to have restricted duties (ie: lifting, hours of work, etc)] then Workers Comp [WC] should pay for the difference. A very common scenario is: if you normally work 8-hrs/day, 5-days/wk, you could return doing 4-hrs/day, 3-days/wk x 1 week; then 4-hrs/day, 5-days/wk x 2 weeks; then 6-hrs/day, 5 days/wk x 2 weeks; then 8-hrs/day, 5-days/wk IF TOLERATED and WC will pay the difference until you are working F/T hours again,
-Pain & Suffering (although this may be harder to prove and may be impossible to get without a lawyer – this is usually reserved for severe injuries where the employer can be proved to be liable).
Unfortunately Worker's Comp is like all other Insurance Companies - it is in THEIR best interest to drag things out as long as possible, and usually they hold most of the cards and have the laws on their side. Sadly, this can cost people their jobs, and sometimes their families due to the stress associated with lingering pain and other disabilities; the financial and/or emotional drain can be too much for some people.
It is important to be sure you do everything correctly during your claim period and you don't want to miss out on any payments you may be entitled to now or in the future, so I advise that you consult with a lawyer who does WCB cases and find out exactly what your options are, and what you need to do in your state to cover yourself (WCB regulations do vary state to state).
Dealing with WC is one of the most frustrating things we have to do, like most big insurance companies, their number one interest is guarding their own money. I always find it's best to do a little brown-nosing when talking to those people and ask "how can we make this a win-win for both of us and how would you like me to proceed" etc...
Laws do vary state to state, so I always advise people to go online and talk to WC Helpline about what their rights are so you're informed of what you are and are not entitled to with coverage.
Most States have Lawyer Referral Services which will give you the name of a few local lawyers who specialize in your area of concern (Labor Law) and you can usually get an appointment to meet with them for 30 minutes for a nominal fee. You could go and ask some basic questions, exactly like you asked me and hopefully s/he can give you some advice and possibly some resources to help you.
I hope this helps, it may feel like you're constantly hitting a brick wall, but perseverance is necessary whenever you deal with them.
