Louisiana Worker's Compensation - Help For Injured Louisiana Workers

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  1. #1
    Join Date
    May 2010
    Posts
    10

    Default Participating in Recreational Activities

    Okay, I got hurt 4/1/09. I worked for 3 months after injury date. The company was paying dr. Bills out of thier pocket. I wasn't getting any better and was telling them weekly (or when owner would ask sometimes 3-4 times a week). They started to try to get me to quit but I wouldn't so then they laid me off. I then went to lawyers office 6-09 it took them until 1-10 to start paying me weekly check. I still have not recieved " back pay " over 15000.00. Now I have never said that I was unable to work ( that came from the dr.). All I ever said was I'm in lots of pain when I work. Now that I am on workers comp. everyone acts like I should act handicap. Now I have had an MRI and it's showed bulging L4-5. I do as little as possible. But i am still in pain. I don't take the pain medication as I should because of the fear of addiction. Now my question is why is it not okay to go fishing when your in pain either fishing or sitting on the couch. I fish currently and will not quit for any reason other then death or crippled. I'm 22 years old and have 2 kids my oldest loves to fish. Why should I have to stop being a father because I have P.I.'s following us around. Now I do have someone to help load and unload the boat most of the time. Also I'm not fishing 7 days a week. Just looking to get y'all take on it. Oh and they are trying to get my surgery approved. So I'll be down for how ever long.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Looking for Advice (New to Site)

    If you are 'well' enough to fish, you are well enough to work.
    You are not being paid wage loss/TTD benefits so you can go fishing. It's not vacation time.
    You claim an injury that causes you to be unable to perform your usual and customary job duties. Your Dr agrees, and says you are 'disabled' under the WC rules.

    As such, you are supposed to be treating/recovering from your claimed injury, and return to work as soon as possible.

    Keep fishing... you'll see those weekly checks stop...sooner than later.

    BTW... "pain" in and of itself is not a ''disability''. Lots of people go to work every day with some level of pain.

  3. #3
    Join Date
    May 2010
    Posts
    10

    Default Re: Looking for Advice (New to Site)

    So you are telling me that it's okay to work for 3 months hurt but becuse they pushed me out the door that now I have to stop living life. I would still be working and was working every day. But now that they stopped paying the dr bills after they took responsiblity I should go to work for someone else and when I have to go to dr. appointments or have surgery put that company in bind for whatever length of time it takes to recover. I have talked to people that have been hurt at work and still work and workers comp take care of thier medical bills. It was the company that I was working for that didn't want me to file workers comp. not mine. I was happy either way as long as I was going to get the medical attention I needed.

    And really and turely I would much rather be working then sitting in the house getting fat. I would also have health ins. and not have kids dr. bills piling up. Also one of my dr. told me to stay active so can you tell me your example of staying active. Is it running or walking couple hours a day, going to the gym, or is it staying in bed and tossing and turning, or maybe rocking in a chair from dust to dawn in front of a tv.

    Also thanks for your input. I know it sounds like I'm on the defence but I'm not. I know that it don't look good but I'm not one that is looking to get rich off of my injury. I just want to have the pain gone or at a level in which I can return to work for another company without any hassles. Just don't want to have to jump job to job for the rest of my life.

  4. #4
    Join Date
    Jan 2010
    Posts
    130

    Default Re: Looking for Advice (New to Site)

    When you go to your PTP and tell them that you are in pain when working and they give you pain meds why wouldn't you take them? Just please be careful when you make the decision not to take them. You could be asked to do a drug test and if it's not in your system that could turn on you.

    If you feel that it would cause you to become addicted then you should tell them and not refill another script. Then always keep track of what you are taking over the counter to control the pain. Believe me when I say taking over the counter pain meds can harm your stomach! It got me a ten day stay in the hospital. They give you the meds for a reason and if you follow there direction on how to take them you should be fine. Either way document what you are taking because if your not taking anything they will say no pain exists.

    Now as far as fishing. Your 22 and lot's of years left to fish. Your son is not in pain and can fish. I would just hold off on the fishing. If they can get anything that can prove you are not in the pain you say you are they will stop your pay and you can fish all the time. To me it would not be worth losing the pay and medical over one day of fishing. They are going to say if you can load and unload plus cast out the line and reel in the fish then maybe you should be back at some sort of work. They will win. It's just your choice on if you want them to pay for the injury or not.

    I know that all of this sounds bad but your only 22 and we just don't want you to lose everything you have in life over a day at the lake.

    Hope you heal fast and get the big one!
    Puppet

  5. #5
    Join Date
    May 2010
    Posts
    10

    Default Re: Looking for Advice (New to Site)

    Thanks for the advice. I do take the medications. I have told dr. How I am taking them and he's says take as needed. I do not refill unless needed. I tell him how much I have left and he does what he has to do from there.


    I just left my dr. and while there I told him that I about fishing. His reply was fishing is fine as long as you are not lifting on motors or carrying anything over 25 lbs.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Looking for Advice (New to Site)

    You are not going to become addicted when taking medication for pain.
    There is a big difference in taking a narcotic medication for pain than being addicted for recreational use. BIG BIG difference.

    Your Dr isn't going to tell you not to fish.
    But you should be discussing these issues with an attorney.
    You don't ask a atty for medical treatment, you shouldn't be asking your Dr for legal advice.

    You didn't provide your state. But in most it would be illegal for your ER to pay out of pocket for a work injury rather than file a claim with their carrier.
    Yet another reason for you to consult with an attorney.

    Eventually you'll begin to see that a WC claim is not a DIY/Do It Yourself project.
    I know that it don't look good but I'm not one that is looking to get rich off of my injury.
    No one gets rich from a comp claim.
    But it is about the money... and money = benefits. You are asking for those benefits to treat your injury, and pay wage loss.
    If you had an attorney, you would probably be getting those TTD checks now, and not seeing so many bills pile up.

    As it is, you are complicating your claim.
    When there is a sub rosa film of you fishing instead of 'recovering' from your injury, you will see your creditability go right down the sh t shoot....real quick.

  7. #7
    Join Date
    May 2010
    Posts
    10

    Default Re: Looking for Advice (New to Site)

    You think if sitting at home for almost a year now if I was going to just recover it would already be healed. The dumb d***s would rather spend money on trying to discredit you then fix the problem . They have some stupid little person sitting behind a desk that prob. has never had more pain then a head ache just not approving your MRI or 2nd & 3rd lesi shots because he or she just don't feel like it. If they would just get the sh*t done that needs to be done I would probably be almost back to work. Instead they want you to sit at home like someone on house arrest because they don't want to take care of the sh*t they should be taking care of. I can see if I had some sort of operation where after this long I should still be sitting in the house recovering. But that isn't the case is it.

  8. #8
    Join Date
    Oct 1971
    Posts
    3,635

    Default Re: Looking for Advice (New to Site)

    BvIA
    If you are 'well' enough to fish, you are well enough to work.
    That's your personal bias, not a fact.
    That's like saying, "if you're well enough to go bird watching, you're well enough to go weight lifting"
    No comparison.

    There's a hell of a difference between sitting comfortably and holding a rod at your leisure for a few hours - and working on your feet for eight hours a day, 40 hours a week.

    When there is a sub rosa film of you fishing instead of 'recovering' from your injury,
    What does a sub rosa film of a person recovering look like?
    I didn't know that you couldn't heal while fishing, no wonder Chris Reeves never recovered, he did go fishing.
    The idea is ridiculous, if not silly.
    Again, no connection whatever.

    There's nothing wrong with relaxing at the local fishing hole, it's considered a sedentary activity, a quadriplegic cave man could do it. (they probably did)
    As long as you stay within your restrictions, you should be fine.

    You don't have to hide in the house and lay in bed all day over a back injury, you're disabled, not dead.

    (Yes, disabled people have the right to go fishing, what a shock!!!)
    They also have the right to go to the park, go shopping and go to movies (some have even been known to eat popcorn) can you believe it?

    I know, we should be treated like criminals and be indebted to the carrier with our souls.
    Give me a break!!

    Happy fishing, catch one for me!!!

    Tony
    Last edited by tony; 05-05-2010 at 06:04 PM.
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  9. #9
    Join Date
    May 2010
    Posts
    10

    Default Re: Looking for Advice (New to Site)

    Thanks Tony !!!!

  10. #10
    Join Date
    May 2010
    Posts
    10

    Default Re: Looking for Advice (New to Site)

    Also when I was working it wasn't just 8 hours it was anywhere from 8-14 hours a day and not sitting at a desk. I was lifting 1-100 lbs parts. They didn't seem to worry about what I was doing or feeling then. They wasn't worried about how I was walking, sitting, standing, etc. They was worried about me not being able to get out of the chair without an act of congress were they. Now they want to look up my butt with a micro scope. Funny how that works isn't it. But if you go fishing it's like you committed murder. It's also funny how you have people following you around day in and day out but when you go up to there window to invite them to a BBQ at your home they simply video you as they drive off. I mean I would even supply the beer. All they would have to do is show up. I'd even fix their plate. I don't walk funny because I see them following me. If I hurt I walk the way that's most comfortable. If I don't hurt I walk the way that's most comfortable. If me being honest isn't good enough for them then so be it. I'll just have to take it how it comes.

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