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Permanent Restrictions need job income

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K

KAHF

Guest
Reside in California

Work related injury,surgery,therapy etc.
Surgery has left me with permanent restrictions.
Also,constant moderate to strong pain.
Several unresolved questions /issues due to literally
no responses from insurance. Had lawyer. QME, waited
then rated.
Settlement with open medical.
Extremely limted job field,due to restrictions.
Trained in several occupations cannot perform them.
Recently laid off of job. Unemployment insurance
previously refused, due to no job market and stated
I should be on disability. Disability is not given in
a work related injury. I need an income and want
to work. Not following restrictions once before lead
to me quiting as too much time lost from job and pain.
I believe I fall through a crack or is there some
resource/recourse I am unaware of?
 


I

injured back

Guest
i believe the disability you were referring to is provided by social security. this is something your attorney should have told you about. you will have to apply on your own and follow the guidelines on the application. good luck..
 
K

KAHF

Guest
Injured back
Sorry this response did not come sooner. Bless you, and thank you very much. I will give it a try while looking
for other jobs?!?
 
G

Georgana Chastang

Guest
Another bit of Advice

I am not an Attorney, but I used to be a W/C Adjuster, so this is only an opinion. Get a W/C attorney. Usually Social Security will deny your claim. Don't give up. This isn't unusal. However, unforunately, you have to be disabled, without working, for a period of 6 months before you can apply with social security. After that, you apply. Then, they'll deny. Then, get you an attorney. What happens after that is you'll go in front of a social security judge, and you explain to him why you can't work. Don't act like you hurt, they understand that some people hurt some of the time, and some hurt all of the time. But, I was injured back in 93, tried to work, is wasn't work related, and this is what I went through. By the way, I did get my social security and I hope you do to. Just be very honest about what's going on, I did.

Good Luck!

[Edited by Georgana Chastang on 03-22-2001 at 04:39 PM]
 
K

KAHF

Guest
Thank you so much for the information.
At the moment I do know I need to relocate. I am a workaholic, and am concentrating my energies on resumes, checking other communities, states etc. I'm going for the permanent solution, first?! That and a tremendous amount of prayers.
I also was injuried in 93. I did/do have a W/C lawyer. I do not know what the responsibilities (dual- both of us working together)are and I do not know how things are to be conducted.
With all aspects, almost every step I took, something did not happen the way it was suppose to. I was informed many times after or when it got to the critical point. Unless I know what should happen, It'll all happen again. As for honesty, that is the only way I know how. I have a hard enough time trying to sleep. I do not need to add more to that problem!
 
G

Georgana Chastang

Guest
Do you have two W/C Claims? One doesn't affect the other unless you're working, then you'd have to notify whoever pays you the compensation. Most likely, you can settle your medical as well. Did you know that? In FL, you used to not be able to settle the claim, but these days you can. And FL was one of the few states that wouldn't settle the medical. This may afford you some money. If, after two years from the time you went to your physician last, you don't receive medical care, then they'll close the file, and you'll never be able to open it again. Also, before you move or anything, I'd call your W/C and tell them that you plan to move, and ask if they have a doctor at the current location, and get authorization to go to an emergency room, doctor that you choose when you get there, etc. or they could deny payment. Just something else you might consider. Additionally, when you settle the Comp end of a claim, they go by your disability rating, how much longer you can reasonably live, your amount of pay and then figure the amount. They have tables to figure out exactly what this comes to. Hope this helps. Remember, I used to be a W/C adjuster, and don't know the current rules, but mostly, those sort of things remain the same. You can always ask first, and in W/C, I would. Good Luck.
 
K

KAHF

Guest
WOW! So much information. I do have two claims. Each for something different. One has been settled with an open medical, the other is just open. I can't go into details as my honesty would offend at least half the world, bring up too many emotions, I would be arrested, and the written word does not convey the correct. . . ? This is what my gut, brain, logic beleives has / did happen(ed). I worked in CA for a corporation, whose headquarters were in another state. I think the laws followed at times were for the other state. I had the nurses from both the insurance and the corporation. I honestly believe the insurance company went out of business? This statement is made based on the changes in nurses, adjusters, and literally no response from phone calls made to the insurance. . . . . The Doctor,lawyer waited nine + months for a response, then went forward. So, In plain simple English, I have had to become my own doctor. Open medical means nothing if you do not have approval to even go see a doctor. I have been told if I pay out of my own pocket for anything, it wipes out all history, and all of it becomes my responsibility, medically and financially.
 
G

Georgana Chastang

Guest
Another Suggestion

Ask the Nurse, or whoever you're in contact with that W/C is sending you to, and tell her you want the name of the Adjuster, and the adjuster's phone number. If this attorney isn't helping, you can file a complaint, (I forget the name of it), but it's the people who govern over Attorneys). But you should be getting checks from your current w/c claim. Look on your check to see who's sending it, then contact them right away. If you do not get a good response, you can call the Worker's Comp Dept. of Insurance in your State Yellow Pages to file a complaint. If, like you suggest, you can't get W/C to send you to a physician, then ask the State to allow you to see a Dr. But, you should be receiving some sort of paperwork. The nurse knows who's hiring and paying her okay? Good Luck. By the way, when you complain to the Dept of Ins., they'll call and find out what the deal is, and tell them you want them to send you a copy of your rights. Hope this helps a little more.

[Edited by Georgana Chastang on 03-27-2001 at 05:47 AM]
 

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