What is the name of your state (only U.S. law)? I'm live in OK but company is in MO and therefore WC came from them in MO.
First, I want to apologize for the length of this, I just needed to state all that has gone on and try to get help. Please read.
I drove a truck for two years for the company. On 12/17/2010 I had an accident. I slammed my head against the door like 2-3 times. A post accident drug screen was giving 5 days later, and passed. I drew WC from day one until the day I have major surgery "posterior cervical fusion" (cannot move head the rest of my life, they demobilized it).
Well, I was in counseling and for the counselors records they drew blood and did a UA. The results came back April 17th. The company knew the results then. It showed THC, phenobarbital, benzodiazepams, meds I had never taken, or smoked. My pain meds which I was on since December, showed up with a confirmed negative! My surgery was May 11th. On the 17th of May the company informed me of the failure. I asked if I could retest since I KNEW this test was not mine. They stated I only had 7 days to retest. Uhm, no one called me and allowed me the chance to retest. I asked them why they didn't and they said they didn't want to 'worry' me before surgery. Well, on May 4th I went for pre-op lab and they could of snuck in a UA drug screen without me knowing about it to verify if I actually had it in my system. I believe the didn't is because they didn't want to see a 'negative' result. They just found a way out of paying me.
Missouri "post injury misconduct" states if an injured person is "released by a physician for light duty work with restrictions, they can use that law. I have been TTD since accident.
Also, the counselor ordered those tests, NOT WC. WC demanded the test results since THEY HAD TO PAY FOR THE TESTS. Then they turned around an used it against me. By law, they employer is only allowed to drug test right after an accident THEN when released to go to work.
My lawyer has all this information. All he has done is collect medical records for me. I have accumulated info and made calls myself to find out what I've stated. He is not helping in any way to get my checks reinstated and get my back WC checks paid to me. I am still TTD since I hurt surgery in accident, PLUS after neck/head fusion, my voice box and larynx have been pushed forward where now my neck is pushed forward bad.
I have contacted several lawyers to change. They stated I had a good case and should of already had my checks reinstated.
I do not know what to do. I need a new lawyer fast. I have exhausted all my savings trying to hold onto what I have left.
I feel like my lawyer is just sitting back and waiting on the BIG settlement instead of trying to get checks reinstated.
I am also looking for help on what to do about the accident.
In August or September of '09, the company was suppose to fix my steering since I was having problems steering, etc. I believe it was not fixed right, or else the part was defective they put in. The maintenance dept from my former employer sent pics and work records stating four parts of the steering to be fixed. The lawyer I have does not handle those cases, but I doubt if he would handle it right because he told me several months ago he was requesting the reports from them, and he was going to put me in contact with a lawyer in that line of practice. I haven't heard a thing.
Sorry this is so long.
If any lawyer can help me, I do have notes, payments, reimbursements, and a 5 page word document of what has happened from day one of accident.
Thank you for taking the time to read this.
Christy
I forgot to add that when giving the UA test at counseling, I was not informed of a drug screen, my name was not on UA cup. When I returned specimen the nurse was on the phone and waved me to put it on the counter.. again name not on it. IF I knew it was a drug screen I would of stood there until it was labeled and sealed per "Chain of custody," which was not done. I have had several screens done for that company, and others and came up negative due to I do not do drugs.
Warning to others: IF you are giving a cup to obtain a UA, be ready for it to be a drug screen and DO NOT LEAVE YOUR US UNTIL IT IS SEALED AND LABELED CORRECTLY BY THE FOLLOWING CHAIN OF CUSTODY!!! The clinic at counselors and the DLO lab that tested it both stated it was a BIG possibility it was a mistake, since yes humans make mistakes. My employer, WC, would not accept their word and give me the benefit of the doubt, although I never tested dirty before.
First, I want to apologize for the length of this, I just needed to state all that has gone on and try to get help. Please read.
I drove a truck for two years for the company. On 12/17/2010 I had an accident. I slammed my head against the door like 2-3 times. A post accident drug screen was giving 5 days later, and passed. I drew WC from day one until the day I have major surgery "posterior cervical fusion" (cannot move head the rest of my life, they demobilized it).
Well, I was in counseling and for the counselors records they drew blood and did a UA. The results came back April 17th. The company knew the results then. It showed THC, phenobarbital, benzodiazepams, meds I had never taken, or smoked. My pain meds which I was on since December, showed up with a confirmed negative! My surgery was May 11th. On the 17th of May the company informed me of the failure. I asked if I could retest since I KNEW this test was not mine. They stated I only had 7 days to retest. Uhm, no one called me and allowed me the chance to retest. I asked them why they didn't and they said they didn't want to 'worry' me before surgery. Well, on May 4th I went for pre-op lab and they could of snuck in a UA drug screen without me knowing about it to verify if I actually had it in my system. I believe the didn't is because they didn't want to see a 'negative' result. They just found a way out of paying me.
Missouri "post injury misconduct" states if an injured person is "released by a physician for light duty work with restrictions, they can use that law. I have been TTD since accident.
Also, the counselor ordered those tests, NOT WC. WC demanded the test results since THEY HAD TO PAY FOR THE TESTS. Then they turned around an used it against me. By law, they employer is only allowed to drug test right after an accident THEN when released to go to work.
My lawyer has all this information. All he has done is collect medical records for me. I have accumulated info and made calls myself to find out what I've stated. He is not helping in any way to get my checks reinstated and get my back WC checks paid to me. I am still TTD since I hurt surgery in accident, PLUS after neck/head fusion, my voice box and larynx have been pushed forward where now my neck is pushed forward bad.
I have contacted several lawyers to change. They stated I had a good case and should of already had my checks reinstated.
I do not know what to do. I need a new lawyer fast. I have exhausted all my savings trying to hold onto what I have left.
I feel like my lawyer is just sitting back and waiting on the BIG settlement instead of trying to get checks reinstated.
I am also looking for help on what to do about the accident.
In August or September of '09, the company was suppose to fix my steering since I was having problems steering, etc. I believe it was not fixed right, or else the part was defective they put in. The maintenance dept from my former employer sent pics and work records stating four parts of the steering to be fixed. The lawyer I have does not handle those cases, but I doubt if he would handle it right because he told me several months ago he was requesting the reports from them, and he was going to put me in contact with a lawyer in that line of practice. I haven't heard a thing.
Sorry this is so long.
If any lawyer can help me, I do have notes, payments, reimbursements, and a 5 page word document of what has happened from day one of accident.
Thank you for taking the time to read this.
Christy
I forgot to add that when giving the UA test at counseling, I was not informed of a drug screen, my name was not on UA cup. When I returned specimen the nurse was on the phone and waved me to put it on the counter.. again name not on it. IF I knew it was a drug screen I would of stood there until it was labeled and sealed per "Chain of custody," which was not done. I have had several screens done for that company, and others and came up negative due to I do not do drugs.
Warning to others: IF you are giving a cup to obtain a UA, be ready for it to be a drug screen and DO NOT LEAVE YOUR US UNTIL IT IS SEALED AND LABELED CORRECTLY BY THE FOLLOWING CHAIN OF CUSTODY!!! The clinic at counselors and the DLO lab that tested it both stated it was a BIG possibility it was a mistake, since yes humans make mistakes. My employer, WC, would not accept their word and give me the benefit of the doubt, although I never tested dirty before.
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