workers compensation injuried workers speak out?

Question

I am a local trucker who was it in an acc.2 yrs ago because of the injury I had to have surgery on my shoulder,since this time I have had constant pain due to muti-instability in my shoulder.Currently I am driving with one hand due to over use of this hand I am experiencing lot of pain with this hand,workers comp,adjuster stated that she never hear of any one injuried while drivining.I am an honest person I feel very strongly that she think that I am being dishonest with her, my employers is treating me poorly I am always getting great eval I made employee of the month one year ago and now I am being treated poorly I want to quit my job but I am not sure how this will work out?please help me help myself. Thank you

Answer 1

The workers comp adjuster is either lying or extremely inexperienced. The proper terms for your problem are "over compensating" or "consequential injury", or "compensable consequence". I KNOW this because I have done workers comp for over 20 years. Assuming your injury to the other arm did not happen outside of your working, that secondary injury should be deemed compensable.

Please do NOT quit your job!!!!! IF you quit, that may disqualify you from receiving workers comp benefits!!!! Whatever you do do NOT voluntarily quit. Trust me, if you think your life is hell now, if you quit, you will REALLY find out what hell is like.
While you are not asking about what to do, I am offering this info, because I think you may want it:
1 - Anytime you post a workers' comp question on this forum, please tell us what state has jurisdiction over your claim.
2 - Make an appointment to see your Workers Comp Authorized physician.
3 - Tell the physician that your shoulder was bothering you, so you had to use your opposing side, to drive, thus resulting in pain in the opposing side.
4 - Tell the physician that he needs to write this in his report, and that you also need to get a copy of the report.
5 - Ask the physician whether it would be appropriate to take you off work.
6 - Tell the physician that they need to send a copy of the report to the workers comp adjuster.
Here are a couple of sites that are dedicated to helping Injured Workers
((Blog))
http://www.GettingWorkersComp.wordpress.com

((Website))
http://www.GettingWorkersComp.com

If you want to chat with an attorney, here is a web Forum where attorneys can help: http://www.Prairielaw.com

If you like, you can feel free to e-mail me directly, and I would be happy to help.

Answer 2

First of all, Stop and close your eyes and breathe for a second.... You are stressing like crazy..... And understandably so. I think OSHA is trying to figure out if Kraft/Nabisco did anything wrong in their workplace, they probably have to go to Kraft and inspect the place. And they want to talk to you because you are the person that got injured. OSHA stands for Occupational Safety and Health Administration. Since you have hired an attorney, your case is going to take longer to settle. I can't tell you why, it just is.... Once the lawyers get involved, there's 50 times more paperwork. You can't quit workers comp. there's no such thing. if you quit your job, you were still an employee when you got injured, Workers Comp will still have to settle the case eventually. It will probably be a year before you get anything from Workers Comp. but they will pay your medical bills. They will also pay your Pharmacy bills. Let me just tell you, too. Insurance companies have a scale for body parts, a finger is not "worth" as much as a hand. They also pay more for a man, than a child. It's stupid, I know..... You are going to have to be patient, be thankful you have a job to still go to. I would continue working there, it may be difficult for you to find another job with the economy the way it is. If you quit work and sue them, there is no guarantee that you'll receive a larger settlement in the end. To be honest with you, the lawyer is your problem. You didn't say how long ago it was that you were injured, but once the lawyers are involved, insurance companies have to dot every I and cross every T. I've seen it happen, two employees get injured, one gets a lawyer and the other one doesn't, the one who didn't get the lawyer has payment in hand in 2 months, the one who did get an attorney, has to wait a year before they get anything..... I would call the attorney and tell him to contact OSHA, or ask him is it OK for you to call them, and what topics should and shouldn't be discussed with them.

Answer 3

First you should know that if you got first accident while doing present work then you can talk further about this problem.

If you had accident somewhere else or that was not because of your present work but after that because of surgery now you have to use one hand during driving and that is the cause of pain. Then in this case you could not be entitled for work comp.

Work comp is applied :
If you got accident during work.
If you are coming to work or going back home from the same route which you use daily.(No deviation of route except medical treatment).
In a break or going to rest room while working. etc etc.

I think that lady did not manage to explain, what she must have told you.

As you said, one year ago you were made employee of the month but now nothing. Because company want work and in return they pay.

Hope it will help you
[e-mail]

Answer 4

Get to a doctor immediately and consult with a lawyer. I hurt my wrist 4 years ago and have been left with a permanent disability. Tried driving with 1 hand as well. Nothing worked and it only got worse. Do it NOW.

Answer 5

they love to get of paying for worker comp,i had a problem with workman comp.they treat me bad till I got a lawyer people all they have is a lawyer .I just settle a case for disability believe me they treat you different when you have a lawyer,people say well it cost 25% of the settlement,but it worthit

Answer 6

consult with psychartist