injured on the job-need advice

RN-BamaStudent · Jan 10, 2004

Thanks! I appreciate that you took the time to reply back. I have been telling my husband that he needed to talk to an attorney to at least "know" his rights, but he felt uneasy about doing so when he felt he really didn't have a complaint, because they were taking care of his medical...but like you said, they are looking out for themselves, and they KNOW their rights!

Everyone has said that he will get some type of settlement, depending on the permanent disability percentage, my question is, how long would that take from point A when the doctor releases him to point B when he does recieve something, if he does? If he gets anything, I am going to apply it to our bills to help us get through until I can finish school! I just don't want to lose our house and car and ruin our credit before I can get out there and make enough money to support us. This is very stressful to worry about, like I need anything else to stress me out, nursing school is enough! :eek:

RN-BamaStudent · Jan 10, 2004

By the way, my husband worked for 14 years as a welder on Navy ships after getting out of the navy. He made good money doing this, but I am worried that he will not be able to return to this type of work, and won't be able to pay our bills with a job that pays less.

fiestynurse · Jan 10, 2004

The time frame from date of injury to settlement depends on the extent of your husband's injury and how long it takes for the injury to become permanent and stationary. There are also some additional factors to consider before accepting a w/c settlement.

Hopefully he will be able to return to his previous line of work.

Otherwise, as I was saying to jmk - take advantage of the vocational retraining!

P.S. notify all your creditors regarding your husband's job injury. Some may defer payments or reduce payments until your husband is back on his feet.

Erin RN · Jan 10, 2004

Originally posted by fiestynurse
I am not using the term "firing" literally. I have dealt with some very pushy w/c case managers that want to actually go into the exam room with the injured worker. People sometimes don't realize that they don't have to allow this.

"Going behind the claimant's back?"

Fist of all I would never attend an appt or walk into a hospital room without permission and I always ask..it is the claimant's right to either have me there or not.

Yes, I do go behind the claimant's back in the sense that I am in contact with the medical providers and therapists as to how the claimant is progressing. I also receive all their office visit notes and therapy notes.

I can not just make a claimant go back to work..his or her MD has to release him or her. I work with the employer to design a light duty job that the MD then looks at the job analysis for and will either agree or disagree to the claimant returning. This usually occurs when the claimant is well on the way to healing so that the light duty will transition back to the full duty..

I do work for the insurance and the employer but I also want to get the claimant back to preinjury state and do my best to make sure all stones are unturned before throwing in the towel.

I will ask for specialty referrals, increased therapys, changes in meds that aren't helping.

I feel like my main role is to keep the claim moving..if the claim is moving then things are being done for the claimant. I have run across many MDs that see the claimant week after week and nothing is happening..sometimes we don't even have a definitive dx..so I will ask for perhaps an MRI or a referral to a neuro or ortho..the MD will usually agree since the claimant isn't getting any better and I will authorize the procedure.

There are also times that I have a claimant that has been off for a yr or better and everything has been done and there have been no objective findings to support the complaint then I may set up a second opinion or an Independent medical exam/ disability rating. I have set up survellience before and found back injuries that are moving men or assistant wrestling coaches "under the table".

I can usually get people in quicker for surgery and faster to a second opinion..yes, that benefits the ins company since by doing so I essentially shorten the life of the claim however it also benefits the claimant by getting them what they need sooner.

There have been instances that I have had something stopped..ie: therapy for a cervical strain when I go to see the PT and find that instead of therapy on the neck the claimant is getting therapy for the glenohumeral joint..Only the neck is compensable under the claim and rightfully so..work comp does not treat the whole person and it is not "medical" insurance.

I love what I do and 99% of my claimants are appreciative..they call me if something is not working or they want to change MDs or the ligth duty is not working for them. The other 1 % are usually the ones that are working the system...That only hurts our state..as it is our comp premiums have went through the roof and mnay businesses are now leaving our state.. Erin

fiestynurse · Jan 10, 2004

I understand the role of the w/c nurse case manager and it sounds like you are one of the good ones.

Unfortunately, there is abuse on both sides of the workers compensation system.

Peace

Erin RN · Jan 10, 2004

I agree...peace....It is a fine line that I walk and I do it to the best of my ability. I don't always make everyone happy but then who does? I will go to bat for a claimant..I will also go head to head with an MD if necessary..My goal is just keep it going forward...sometimes outcomes are good sometimes not....thankfully MOST of the employers I work with want what is best for their workers.....and MOST the claimants I work with want to return to work..Makes my job easier :) Erin

nowplayingEDRN · Jan 10, 2004

Erin,

I admire the fact that you try and do the right thing with the info provided to you. Unfortunately, as it was pointed out....not all case managers are so dedicated and honest. And that is why I strongly recommend, at least talking with a good w/c att. The consult visit is usually free....and a talk does not hurt anything. I know that the money that my att took was not a huge chunk and he was worth the money he took, for with out him, I would still be sitting at home with no resolution to my on the job injury.

Erin RN · Jan 10, 2004

Now playing..

Sorry to hear you had to go through that. I really try to get my workers everything and push the claim forward. Of course, I only get the claims that are either really old with no resolution or those that a truly taumatic injury occurred so that someone is coordinating all of the MDs, therapists etc. In general I think nurse case manager s are effective because IMO tests tend to be ordered sooner and treatments/ therapies are initiated quicker. I know there are bad nurse case managers..there are bad nurses everywhere.

I consider myself to be a pt advocate just like the next nurse but I am also am resp for cost containment..like I said fine line :) Erin

sjoe · Jan 11, 2004

There have been a number of threads on this very forum discussing alternative nursing jobs for those with back injuries where you might find some useful ideas.

mattsmom81 · Jan 11, 2004

Originally posted by jmk
I injured my back at work in august. I have been off work due to severe pain since oct. and i'm scheduled for surgery later this month. My surgeon recommends not returning to icu or any other form of bedside nursing. I need advice / opinions on hiring an attorney. Also, suggestions on nursing careers that would be better suited for for someone with an injured back. I have an associates degree and many years of experience, the past two of them in icu. Look forward to hearing from nursing friends.
thanks,
jmk in florida

I corresponded some years back with a Florida RN who had worked as a case manager.She injured her back on the job, required surgery, and was unable to lift. She utilized the vocational training offered in Florida and became a social worker...some of her nursing credits transferred and the state paid for her new career. She ran into job description problems as a nurse case manager. Employers said she must still meet the job description for nurse: which called for heavy lifting. She could not.

If we cannot meet the nurse job description there seem to be loopholes employers can slide through. Generally facilities won't want us around (we are seen as a liability) and will look for reasons to get rid of us even if we manage to find a way to stay employed with them. As far as offering a position, I have seen excellent nurses (here in Texas) refused a doable charge nurse position after an injury, offered only a secretarial position (for $8 hr)These nurses chose NOT to consult attorneys.

All in all, attorneys sure do seem necessary for any kind of fair treatment by MY facility, which is a non workers comp carrier. (self insured)

I am working perdiem in ICU...I had to pass their lift test however. Perhaps in time with a good rehab program you may be able to return to ICU...time will tell. You haven't shared the extent of your injuries. I find ICU nursing less strenous than floor work overall, but we are all different with different backs.

If one works for a WC covered facility, there are rules to be followed and I hope your state laws will help you through this. It is hard to know who to trust. I believe if you do not feel your CM is being helpful, you can request someone else. Access your state WC site and familiarize yourself with things so you know how to proceed.

Best wishes and hope you feel better soon. (((HUGS))) and PM if you want to talk/vent. Lots of nurses on this BB have suffered OTJ injuries and can relate.

jmk · Jan 15, 2004

thanks matts mom 81 for your support.i will not know the extent of my prblems until after surgery wich is scheduled the end of this month. my neurosurgeon does not want me lifting any more, and it was him who suggested i get an atty. which i have not done yet.

once again, thanks it nice to know people out there care. it is very depressing to know that i can't do what i love and worked so hard for.

venting helps

Keysnurse2008 · Jan 16, 2004

RUN.........Run to the attorneys office now!Not a minute to waste!!!!!!!!RUN!!!!!

I too belived since I was injured on the job that my hospital would have my best interests at heart!!!!!!!I was sadly mistaken.Read my posts to hear my nightmare.Want to know the end result?I have a cervical titanium plate that MOVES yes MOVES in my neck.....I have lost some fine motor coordination in my hands ......My shoulder is deformed from where my shoulder muscles have wrapped themselves around my neck.I do not have good use of the shoulder and the twisted muscles cause tension migraines so bad I vomit when I move during them.When you are feeling like it is ALL YOU CAN DO TO JUST BARELY CARE FOR YOURSELF it is nice to know that you have someone thats ensuring you DO receive all the treatment you can for your injuries.So I was lucky to have a family friend thats an attorney.BUT........speaking from the horrible experience I have had and am still having I feel the attorneys involved are very beneficial.RUN>>>>>>>>RUN do NOT walk RUN!!!!to the attorneys office.PM me if you want to talk