Workers Comp

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I worked at Unity Hospital in Rochester , NY. I had a neck injury in Dec 2008 that required surgery, I was out for 5 months. I returned to work and re-injured my neck by lifting a patient. I have been working with this injury for 6 months. My doctor took me out of work 6 weeks ago and I need another surgery. Because I used my FMLA last year I will not be eligible until the end of this month. Guess what they did today? Yep, they fired me and my health insurance and benefits will be cancelled soon. I am not receiving any money and havent gotten any pay in 6 weeks. I have had to apply for food stamps and will not be able to afford COBRA to continue my health inusrance. Workers comp insurance company is taking their time, even though I have seen their doctors several times. They have not disputed it , but have not paid either. I cant believe this is happening! How can my nurse manager be so cruel and heartless? I understand business, but dont understand doing it at the expense of someone elses health and well being. Thank you for letting me vent, maybe someone has suggestions cause I dont knwo what to do. Everyone keep a nice stash of cash in case this happens to you.

awsmfun: YOu ARE AMAZING!!! Thank you, I looked into it and it looks like I am eligible for the new governement plan for them to pay 65% of my COBRA premium for up to 9 months! It takes my rates from just over $400 a month to 140 a month. You think my work would have told me about when I called HR to ask about COBRA. Its gonna be hard to even come up with 140 for a heck of a lot better than 400! I have to say , I really dont like Obama. But right now (he just put this into law) Im kinda glad the country didnt vote the way I wanted them to! heheh

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Specializes in ER/EHR Trainer.

The reality is anytime you are hurt on the job you want to make sure it's reported. This is why private doctors and hospitals always ask if it was work related...I have actually had UPS officials try to stop their people from coming to the hospital or cut them off when they get there. I have had no problem telling them to back off....I know the law...most people do not.

It is very important if you are injured to be specific, note witnesses and write down EVERYTHING THAT HURTS. Believe me they will attempt to say you didn't mention that joint pain, knee pain or whatever else when it becomes a problem. CYA at all times!

By denying in happened on the job you release them from cupability...not a good thing. First of all there are workman's comp docs and you can ask for 2nd and 3rd opinions. Push for all tests and basically if you are expected to have a full recovery...HAVE ONE.

I am not a lawyer but I do know alot about this and other subjects because I administered and chose them in my last job. Believe me I would never steer you wrong and strongly advocate for reporting! It is the only way that safety is addressed in jobs and people are not intimidated!

Good luck!

Just read your post about Cobra...that's great! You still need a lawyer! You may even be able to get legal aid due to finances....check it out and don't let them get away with it!

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You can sue anyone and believe me you can sue and win in workman's comp cases. Of course, it's not as lucrative as getting hurt on private property but it should be enough to help the OP with her problems. In the state of NJ any associated problems with a claim after the last tx is two years....if there are continued problems then the care goes forward. Most people have no idea how they are protected, a lawyer can help with this.

M

Lawyers are a must...and a big expense-but not until you get a settlement

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The reality is anytime you are hurt on the job you want to make sure it's reported. This is why private doctors and hospitals always ask if it was work related...I have actually had UPS officials try to stop their people from coming to the hospital or cut them off when they get there. I have had no problem telling them to back off....I know the law...most people do not.

It is very important if you are injured to be specific, note witnesses and write down EVERYTHING THAT HURTS. Believe me they will attempt to say you didn't mention that joint pain, knee pain or whatever else when it becomes a problem. CYA at all times!

By denying in happened on the job you release them from cupability...not a good thing. First of all there are workman's comp docs and you can ask for 2nd and 3rd opinions. Push for all tests and basically if you are expected to have a full recovery...HAVE ONE.

I am not a lawyer but I do know alot about this and other subjects because I administered and chose them in my last job. Believe me I would never steer you wrong and strongly advocate for reporting! It is the only way that safety is addressed in jobs and people are not intimidated!

Good luck!

Just read your post about Cobra...that's great! You still need a lawyer! You may even be able to get legal aid due to finances....check it out and don't let them get away with it!

I would also suggest that you keep any and all paperwork...and also keep a journal for yourself...dates, s/s,treatments Cases can drag on...

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I have been keeping a journal of who I called, saw, talked to, etc. and when. I am waiting one more week for the insurance company to get an answer back from the independent medical examiner and if they drag it on anymore or dispute the claim, Im gonna get an attorney. My fear is that they are gonna get the report back and start to pay me and if I have already hired the lawyer, he will get a cut for doing nothing. But this cant go on forever , either. What my work also neglected to tell me is that disability may pay me in the meantime and if it turns out to be Workers comp, then they will have to reimburse them. I have applied to disability and am waiting to hear.

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I have been keeping a journal of who I called, saw, talked to, etc. and when. I am waiting one more week for the insurance company to get an answer back from the independent medical examiner and if they drag it on anymore or dispute the claim, Im gonna get an attorney. My fear is that they are gonna get the report back and start to pay me and if I have already hired the lawyer, he will get a cut for doing nothing. But this cant go on forever , either. What my work also neglected to tell me is that disability may pay me in the meantime and if it turns out to be Workers comp, then they will have to reimburse them. I have applied to disability and am waiting to hear.

You can't really depend on HR to be of assistance...as lousy as it is, a whole us/them situation is set up:angryfire I wish you the best of luck...

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All I can say is I hope you feel better soon and have a full recovery. Take care and good luck!

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awsmfun: YOu ARE AMAZING!!! Thank you, I looked into it and it looks like I am eligible for the new governement plan for them to pay 65% of my COBRA premium for up to 9 months! It takes my rates from just over $400 a month to 140 a month. You think my work would have told me about when I called HR to ask about COBRA. Its gonna be hard to even come up with 140 for a heck of a lot better than 400! I have to say , I really dont like Obama. But right now (he just put this into law) Im kinda glad the country didnt vote the way I wanted them to! heheh

HR doesn't like to announce that part of your COBRA will be paid for by the government--they have to fill out forms for you and time equals $$$.

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Just wanted to update everyone that has been so helpful on my situation:

- I have been paying the buy up for short term disability when I was working there and they have been paying me an amount above the state mandated max at $170 a week. I STRONGLY recommend that all nurses get this. If it turns out to be workers comp, the workers comp insurance company will reimburse the short term disability and if its not then they would have had to pay me anyway (apparently this is a law that is set up so that injured workers arent burdening the welfare system, A VERY GOOD LAW)

- Workers comp insurance company is disputing the claim, of course. I did get a lawyer , since I was forced to. The judge told me that if I didnt get one that there would be no one to dipose the doctors on my side and I would lose and my health insurace wouldnt pay either for my surgery because they will claim its a work injury. So when they say you dont have to get a lawyer , its a load of bull.

- There should be a decision on my case about April. I have been out of work now since Sep. When they decide who will pay for the surgery , I can schedule it. If thsi wasnt a workers comp injury, I would have had the surgery in oct, and needed three months to heal and would have been back to work last month!

- My neurosurgeon that told me in Oct that I needed surgery and it would help, put in for an authorization for surgery with my health insurance and the wokers comp insurance and of course they both denied it. It wont be decided who has to pay until the case is settled. When it was turned down and he learned that lawyers needed to dipose him, he called me in to his office and told me that I didnt need the surgery. i hadnt seen him since he said i need it. Im not gonna infer why he said this, because I think its obvious. Very Unethical! So i made an appt with a new neuro surgeon to get his opinion. Now i dont know if I need surgery or not!

I was always disappointed when I read a thread on someone and they never replied what happned, so I just didnt want to do that to the people that were so helpful and concerned. Thank you again. I will try and keep you up on what is going on and answer any questions.

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awsmfun: YOu ARE AMAZING!!! Thank you, I looked into it and it looks like I am eligible for the new governement plan for them to pay 65% of my COBRA premium for up to 9 months! It takes my rates from just over $400 a month to 140 a month. You think my work would have told me about when I called HR to ask about COBRA. Its gonna be hard to even come up with 140 for a heck of a lot better than 400! I have to say , I really dont like Obama. But right now (he just put this into law) Im kinda glad the country didnt vote the way I wanted them to! heheh

Human Resource, in my experience is very PRO employer,,they exist to tell you why you are not co:yawn:vered

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I am a Workers Comp claims adjuster and this is definitely a Work Comp case. You should hire an attorney. However, employers do have the right to fire you if are out of work for a significant amount of time. For the employers I work with, they fire people after 180 days of being out of work.

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yea, I got an attorney. I have come to understand them letting me go. I was just hurt. They invited me to re apply when I am better, so I know I can get my job back. I guess it really doesnt matter. I am looking at this like an opportunity to learn another nursing skill when I recover. Maybe psych nursing, maybe dialysis, maybe drug rehab. I am probably not gonna be able to go back to the ED (which I love) or any physical job ever again due to my neck injury, but I am trying to keep a positive attitude. It is definetly a struggle to stay in good spirits , but Ill keep trying. :)

Thanks for your advice.

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