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Old 09-14-2009, 07:40 PM
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Join Date: Sep 2009
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Issues With Workmans Comp Carrier


What is the name of your state (only U.S. law)? Virginia. I was injured on the job back in May 2009. I was never given a list of doctors to go to,I was sent tomy employees doctor who called himself a doctor. He did xrays,therapy,injections,nothing was working. He basicly said it was just a bad strain and some mild arthritis. After continous problems he conveintly sent me to his brothers office(orthopedic office). There I was told I did in fact have some issues and finally had surgery. The workmans comp carrier from the begining has been ridiculus. I have to call to find out when I will be paid,I have to fax,go out get records and send them to the carrier. I work a part time job 6 hours on a Sat or sunday. The carrier deducts that 96.00 from my payments whether I work or not. My job was eliminated so I am unemployeed,cannot find work,applied to over 35 jobs,all I get from the carrier is I have to go get this,I have to fax this,I have to whATEVER.I have bills just like everyone else,but the carrier pays me when they feel like it. Do I need a Lawyer, I am 66 years old and there are not many jobs out there for me. I am just tired of all the BS,usuing my time to doo all the leg work,what does the claim reps do,must not be much. Any attorny out there that would help me, I would appriciate it very much, Thanks
  #2  
Old 09-16-2009, 08:42 PM
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Join Date: Feb 2008
Posts: 54
Lightbulb

Been in your shoes....


My claim adjuster refused to speak with me even though I had no attorney. Finally, I called for a hearing (just call the WC office in the district you were INJURED in) and ask them for a "hearing request" and the book on WC in your state. You can do this without an attorney. I told on the claim adjuster and the Commissioner appointed the head supervisor to deal with me. I had a surgury for a C6-7 disc rupture. I had continued pain down my left leg and was referred to pain management.
Are you able to work? If you are in pain and a doctor writes you are permanently disabled, you can apply for SS Disability. Get an attorney for this as everyone and I mean everyone gets denied the first time. You can fill out the application on line WHILE you collect WC payments.
If you are not getting paid...call for a hearing citing, payment stopped without notice. In my state the form is a 36-C. not sure what your state is.
They cannot do this to you. You have to fight all the time with comp. That is a given, so get ready and ask for a release from every doctor so you can keep a file of what they write about you. This is a full time job in itself. Since you are older, you should get it, but the government is ultra slow. Eventually you get a retroactive check, but do not spend it all. The FEDS and state will eventually want tax from it. The attorney takes their cut only if they win and there fee is tax deductable. You really have to stay focused and follow the rules of keeping a record of trying to get work. As long as you submit "job searches" they HAVE to continue to pay you.
Good luck....I did mine all alone and read the whole WC booklet. I knew the laws off the top of my head....should have gone to law school, and that is what the commission told me....you can do this!! Good luck and keep us posted. Clim adjuster goal is: to wear you down so you give up. Use their tactics as positive energy to keep you going...never give in...NEVER! OK?

Keep going to the doctor and ask for an MRI. You may need surgury but avoid it if they offer conservative treatments. Back pain sucks and nobody hires anyone with a back injury. They do not want you to become their bill. If you quit, you now have a pre-existing condition so you will not be covered by private insurance unless President Obama passes some reform soon. Don't bank on that though~ He who feels it knows it...I been there.....
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