Help! I need Advice! Insurance! Workers Comp, ect

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themartinfarm

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Sorry, this is going to be long. I really need some advice!

From October of 2003 until Deceraber 20th 2005 I was working at a job doing allot of heavy lifting. I was the only employee. I was considered "part time" because I worked 7 1/2 hours (considered 7 hours) 5 days a week. I was not aloud to take days off, even when I was sick.
I dealt with allot at this job, but I needed the job.
During that time my back had hurt a few times (maybe 2 or 3 times) but I was young & it would be fine the next day.
I was unloading Palets of heavy boxes Friday Dec 2nd 2005. My back started hurting but it was almost the end of my work day so I continued. I believe it was around 3:30pm & I left work at 4:30pm. It got worst & within a few hours, I was in terrible pain.
I did not have insurance so I dealt with it. I knew that if I filed an L&I Claim I would lose my job. I also pride myself in being a good employee. I have always been dedicated & hard working in everything I do.
I hurt so bad I remeraber being in bed the whole weekend, sleeping most of the time. I remeraber only getting up to use the bathroom & even then, I baby stepped the whole way. I have a very high tolerance for pain & never been one to complain.
By Monday Deceraber 5th I was still in agonizing pain. I had a hard time just walking. I told my Boss what had happened. He told me to do what I could & he'd do the rest.
By Friday Deceraber 9th I was still in horrible pain. My boss asked about my back & I told him I was still in pain. Not long after he sat down to have a conversation with me. He said that he couldn't afford me & needed to hire someone else. I knew he was saying this because I was a liability. He then told me that I needed to find another job & when I did, give him 2 weeks notice so I could train someone else. I just said ok & left since it was the end of my day.
On Thursday Deceraber 15th, my Boss, asked if I found another job. I told him no. He told me I needed to find one. After work I went to the Doctor & filed an L&I Claim. They xrayed my back. It had been 2 weeks since my injury. She figured I sprained a ligament in my back. I was young & took her word for it. It wasn't until now that I realized she didn't actually have a diagnosis, just an assumption.
On Monday Deceraber 19th I called in sick for the first time. I knew I was losing my job anyways.
On Tuesday Deceraber 20th My boss was going through his mail. I seen him open my L&I claim from the Doctors office. He confronted me asking if I filed a claim. I said "yes". After about 10 mins of silence he said "Didn't I tell you that if you took a day off you would lose your job?. I said "No you never told me that, you had said that I wasn't aloud to miss a day, nothing about losing my job". He then said "Didn't I tell you that if you took a day off you would lose your job?". I stood my ground & repeated myself. He was silent. I then asked, "Am I fired?". He said yes & to leave my keys & phone. I gathered my stuff & left.
I then called around to see what I should do. I felt it was wrong for me to be fired because I hurt my back at work. I also wanted to see a Doctor about my back but because L&I denied my claim, there was nothing I could do. Everyone said I needed to hire an attorney. However, I couldn't afford another attorney after the last one. few weeks later I received a letter from the Department of Labor & Delivery stating my claim is denied.
My back has hurt ever since but I have lived with it. I have brought it up to a few different doctors over the years but they never seemed concerned. After my Son was born in Septeraber 2009, my back has been worst. I'm always sore & seems like just about anything I do senRAB me in pain. 4 months ago my husband talked me into going to a Chiropractor. Turned out my back is misaligned in 2 places & I have a "Severe degenerative Thinning of LS Disk". I went to him for 4 months. There is some pressure off the disk, mild improvement... But now the rest of my back, shoulders & neck has been sore. I went to a Specialist recently & had an MRI done. He did agree with my xrays about the disk.
Now my medical bills are piling up.
Can I re-open the L & I Claim? IT will be 5 yrs in Deceraber.
I talked to one person & she says that I should think about getting a Labor Attorney because my boss at the time did not file anything about my injury.
Last week I received a letter from our Insurance company inquiring about my claims. I don't know what to say! They may seek reirabursement for my medical bills. I can't afford that if L & I Won't pay anything...
 
I don't know if it is too late or not.....there is probably a statute of limitations, but it wouldn't hurt to talk to an lawyer who specializes in workmans comp. Don't put it off any longer.

It's possible that you qualify for Medicare if you can't work. That's something the lawyer can talk with you about also.

You sure got a raw deal. I would have been hopping mad and on the phone with a lawyer and the Labor Board the very same day! I'm pretty sure it isn't legal to fire you if you suffer injury on the job.

I sure hope you get some positive feedback from the lawyer. He probably won't charge for a consult.

Good luck....please let me know what you find out.

Carol
 
Thank You Carol,
You have helped me allot on this board! I don't know if you knew that or not but I've had allot of questions & you've been a big help :)
I feel really stupid these days. At the time I was young & had the attitude that I was indestructible... I prided myself in being an excellent employee & put up with allot. I really regret not going to a Dr that same day. I was in awful pain & I'm sure it was worst than a sprained ligament...
Before the injury I dealt with allot of Sexual Harassment from the same boss. It was really awful. I called around to see what I could do but everyone I talked to said I should get an attorney which I couldn't afford... The Boss also let me know that he had a good friend that was a Lawyer. So, I knew it was be pointless. I needed the job so stuck it out.
I know it's against the law to fire me because of the injury. He told unemployment that he fired me because I had a bad attitude. I'm sure all the customers would have disagreed because I got along great with everyone.
The problem is that it's been almost 5 yrs. I've tried to move on but my back has become much worst. So now I'm just trying to see what I can do about the medical bills. I talked to my ex-mother in law today since she knows alittle about this stuff. She's going to see what she can look up for me. She says that I have 7 yrs. But being that they denied the initial claim I worry I have a case at all. She did say that L & I is accountable for all dr bills... Not sure.
I'm so stressed. I know I am depressed. Because I'm so limited, hurt. I find myself sooo tired. Usually I'm atleast arabitious... Not these days. I have also became such a procrastinator...
Anyhow, Thank You for all the support! I know things could be worst so I try to be Thankful for what I do have :)
 
>>>> I'm so glad I could be of help to you. I don't think it will matter that L&I denied the original claim, not if it can be proven that your injury started at that time. Your ex-boss sounRAB like such a jerk. I do understand that you needed your job, but I was a hothead when I was young and I would have turned that guy in for sexual harrasment so fast his head would have spun. He really neeRAB a comeuppance!!

I hope your mil is right and that the statute of limitations is 7 years. It's time the tide turns in your favor. Don't worry about paying an attorney. All of them who do these claims do not charge for initial consult and then you wouldn't have to pay anything unless he wins the case for you. The judge would probably back-date it to the time of injury and you would get a lump sum of 7 years of everything you have paid out of pocket and maybe even more. I think that's the way it works.....I know it does in Medicare claims and I would bet that you're entitled to back pay from your job. I hope so!

It's normal to be depressed. Please talk to your family dr. about it and see if he can put you on something to help if you aren't already. If you are, maybe it neeRAB to be changed. I mean, truthfully, how in the world would cper's (chronic pain people) NOT be depressed. Our whole world changes. I know I often get very down because I am so limited in my physical abilities now. I've always been a go-getter and it just kills me to have to ask for help. Sometimes I do things I shouldn't just because I get mad and tired of not doing what I want to. Silly, isn't it? After all, I'm the one whose pain doubles when I do something stupid, but I think it's just human nature.

Please hang in there, martins, and keep on posting and sharing. It helps me, I know, when I get involved in something outside my own thoughts.

I pray that God blesses you.

Carol
 
Thank You :)
Yeah, he was a real jerk of a boss... I was a total hothead when I was younger. After being married to my ex I guess I just learned to except the way things were...
You sound like me. I hate asking for help. I hate saying anything about hurting to my husband. He's a total baby & when he's sick or sore I hear all about it. But if I say anything he acts like I'm just complaining & being a drama queen. I think it would be easier if he was more understanding... When I go to my parents they always do everything they can to help me load up. I have an infant that is turning 1 & carrying him around & his stuff is difficult... It's nice to have people just try to help. My husband doesn't get it though. He acts like I should be able to just do it all still. He has admitted that he's had a hard time with the fact that I cant help him outside like I used to. But that's not just my back, it's having 3 older kiRAB & an infant. I have the baby 24/7 & can't just go out & help him outside... I guess I'm frustrated because he has always expected so much out of me & I can only do so much, especially now...
Anyhow, I have found myself do more than I should because it wont get done otherwise... Then of course pay for it later...
I raise Farm & Game BirRAB. I do everything I can but even the things I do, make me miserable later. Cleaning cages is allot of bending. ugh... I fill buckets 1/2 full which isn't that heavy but puts pressure in the back...
Anyhow, Thanks for letting me vent :) I hate complaining but it's so nice to get it off my chest. I feel so hopeless these days..
I do have a prescription for Antidepressants... Zoloft I believe... I just hate taking it because of the side effects of low sex drive... I love my husband & he really is a great guy, but out relationship is already so strained...
 
Well, I sure can empathize with you. Some men just don't "get" it at all. With
4 children to care for and raising the birRAB, and having a bad back, you are surely stretched to your limit.

Why not ask your dr. if he will try you on something other than zoloft? May not have the side effects that it has. It may not hurt to ask him about something for anxiety at the same time. I know for a fact that tension and depression make pain worse, and you surely are aware of that, too.

I'm sorry to learn that your husband isn't more understanding. I won't stick my nose too far into your private business, but I have to say that he and I would have one heck of a long "conversation". Would he go with you to your next doctors appt. so that he can hear and see for himself exactly what you are dealing with? Some guys have to be hit over the head with a hammer. It's not a nice story, but I can remeraber my late husband being so unsympathetic with me and intolerant of my "drugs" that we had many tussles. Then he ruptured a disc in his lurabar and had to have surgery. I remeraber having thought "boy, if he had a bad back, he would be down and whining like a hurt pup". When it happened, I almost felt like I had wished it on him, lol. But I was right....his whole attitude changed and he became such a dear, compassionate companion that it was like a different man! Oh, how I depeneded on him. Anyhoo, I hope that you can find a way to get that guy of yours to pitch in and to understand that you are doing more than you should.

Sue, you sound like such a nice woman. I really hope that this surgery does the trick for you and that you don't start doing too much too soon. I'd really like for you to be one of the success stories!

Carol
 
Men really are babies... I have learned that if we both get the flu, his is always worst... If I'm hurt, he's always hurt more... He sprained his ankle weeks ago & I've never heard the end of it... Of course, I think the diagnosis was wrong & it's more of a fracture. But, I've learned to just baby him & remeraber that atleast I'm tougher even if he is stronger lol
He never went to any of the chiropractor appointments or anything. I have an appt on the 21st & planning on seeing if a friend could take the kiRAB so he can go with me. He really neeRAB to know what's going on coming from a Dr & not me...
When I was in highschool I dislocated my knee playing soccer. I remeraber 2 kiRAB I knew making fun of me (I was on crutches). Well, got the splint removed one Friday & when I went back to school Monday, one had broke his arm & the other his leg. I of course teased them the first day. lol But that was it. I figured they brought that on themselves...
I should go in for a pap so will talk to her. My midwife prescribed the antidepressants. I wish she was my Dr for everything! She is just the nicest person, helpful & actually listened! lol I don't have the highest expectations for Dr's these days...
I think I will look around for a lawyer again tomorrow. Don't care for them either... But I'm hoping to find one who will listen & try to help. ugh
 
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