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Confusing Case

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JayWhite1983

Junior Member
Hey everybody.

Late February of this year I got injured at work. Suffered a head injury/concussion and whip lash. Went to the ER, and was sent home the same day and released back to work the following day, by an idiot dr. in my opinion.

I suffered severe vertigo for weeks. It was as if I was heavily drunk 24/7. I now have tinnitus, and still vertigo at different times with different time lengths. The whiplash wasn't really severe though.

During my healing time, I was diagnosed Bipolar late March due to severe depression. It wasn't till then that I could get a doctors note stating that I am unable to work.

What I'm wondering is, can my BP diagnosis be affiliated with my workman's comp claim since it was induced slightly after my head injury? I haven't fought for workman's comp cash benefits because I don't think it can be under their laws, plus two doctors released me back to work; e.i. the one at the ER, and the one I seen the following week. I told him I couldn't work. Yet he told me to sort paper clips and basically refused to give me a note to have medical leave due to my vertigo. I also worked in the construction field. My job wasn't a desk job.

Due to my BP illness, I couldn't contact my work for almost two months to let them know what was going on with me. Now they're trying to screw me over, saying that most of my injury didn't happen, and are working with workman's comp so that I will have to pay all my medical bills that are and were related to my injury. I.E. cat scans, x-rays, mri's, and doctor visits.

They have also said that I quit working for them the first week I was injured, I have it in writing from them. How if I'm injured on the job, can they say that I quit because I didn't contact them every single day? Do I really have to? I was suffering from bad vertigo and severe depression.

Not only that, can I get cash benefits through workman's comp, but can I also see a physiologist under their insurance since my injury turned into mental illness? I'm in UT if it helps.

Thanks everybody for your knowledge. This stuff has been bugging me for a while.
 


cyjeff

Senior Member
On workman's comp, you may be required to call in daily as to your condition.

going two months without a word is excessive. Most employers would have thought you quit... especially after the doctors released you back to work.
 

commentator

Senior Member
Worker's comp is insurance carried by the company for their employees who are injured on the job. As the insured, they are required to go through certain processes and make sure you have full information about and access to your worker's comp insurance. But it sounds as though not one but two doctors released you. My question is WERE you released by the doctor(s) to return to work? Full duty or light duty, either one? Did you go back to work?

If you were released by the doctor, whether you told him you didn't feel like you were able to go back yet or not, and you didn't report back to work, even if it was for light duty only, didn't even call your work and discuss what the doctor had said, that sort of stopped all process on any worker's comp claim you might have had. They probably closed that claim soon as they got something from the doctor releasing you. At least I bet they have tried to close this claim. Do you have any idea whether the claim has been closed or not?

Especially if you didn't bother to contact them again until two months later. It looks a lot to me, and I'm sure it did to your former employer, like you quit the job when you were released by the doctor and you did not want to come back to work. I can't quite see how you were unable to contact them for two months because of your BP disorder unless you were catatonic.

You probably can get a consult with a worker's comp attorney without cost. Lord knows they advertise enough on daytime television. But it will be pretty interesting to find out if they think you have a case here.
 
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