New Hampshire Worker's Compensation - Help For Injured New Hampshire Workers

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  1. #1
    Join Date
    Mar 2010
    Posts
    20

    Angry WC Put My Claim on Hold.but in the Mean Time

    I had surgery in August is was to figure out why I was still in so much pain. Come to find out I had a bone spur and some cartilage that was majorly damaged....well when the WC received the note in regards to my surgery they put my claim on hold because it mentioned the screws that are in my ankle from a prior injury. Anyways since then I developed this nasty and when I mean nasty infection I was in the hospital for 10 after another surgery to try and clean my ankle out....I have been home with a PIC Line since the 10th and I am on IV antibiotics and it will keep going for another 3-5 weeks. My WBC are not coming up as quickly as the ID Dr would like. My husband has been on the WC company about reinstating my status and they keep giving the run around....whats new with that right? The problem comes I have no income now and haven't worked since August 24. Should I get my lawyer involved? I don't know what to do, I took a medical leave from work for 30-60 days because that is what work advised me to do so I wouldn't loss my light duty job. But my problem comes down too what do I do? I feel like I am screwed and this is going to be something I need to deal with.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: WC Put My Claim on Hold.but in the Mean Time

    Should I get my lawyer involved?
    Realize you feel you have provided a lot of info here...however as to a comp claim, it's really sketchy.

    Assume you don't mean you have a WC atty, but a general practice lawyer ?
    Probably a good idea to talk to an comp atty... the CA does not have to deal with your husband. He is not a party to the claim.
    I had surgery in August is was to figure out why I was still in so much pain.
    Due to what ?
    The reason I say 'sketchy' here is because you did not explain the injury you are claiming...?
    Bone spur isn't generally a work related injury.
    While the ER/IC can't deny treatment based on pre existing injury or condition, aggreviation to a prior/existing condition is generally a compensable claim.

    If you are eligible for unpaid leave under FMLA, you shoudl intitiate that now, vs the ''medical leave'' your ER provides.
    FMLA provides the job and benefit protections under Federal law up to 12 weeks annum, your ER policy doesn't do that...legally.

  3. #3
    Join Date
    Mar 2010
    Posts
    20

    Default Re: WC Put My Claim on Hold.but in the Mean Time

    My injury was a seriously sprained ankle and upper ankle in Febraury. I had PT for months and lost ROM, I had a cortizone shot that didn't help. Issue came is I had a perious injury from 2 years prior that caused me to have screws in my ankle. So WC has always given me a hard time. I had no pain from the prior injury for months that is why I went into the field I did, Nursing. But 6 months in I tripped on a safety mat and messed my ankle up again.....I have been in pain since Febraury.....the surgery in august was to help diagnoise the issue but the only thing he was able to diagnoise is arthritis in the joint.

    I did take the unpaid FMLA. as for my husband dealing with things is because I have been so medicated up until this past week I couldn't really do anything on my own.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: WC Put My Claim on Hold.but in the Mean Time

    Medical care to an injury can't be apportioned... the ER/IC can't say "lets share the cost of this treatment''... (that may be the case however in a 3rd party action...but that's not the issue here)

    So... aggreviation to a prior injury is generally a compensable claim.
    CT/cumulative trauma would be something to contend with...but again, that's not the issue here.

    When you are delayed/denied benefits you discuss the claim with an attorney.
    Because you are ''doped up'', and unable to navigate... doesn't mean they will deal with your husband. May be an excuse for not getting an attorney... but not for losing benefits. Regardless of the spin...your husband is not a party to the claim. He isn't an EE/Employee of your ER...he's not connected with the WC carrier...and even though your ''relative'' husband...still isn't a legal advisor for WC court/hearing purpose..you need an attorney.

    What will happen here... when you are declared MMI and rated for impairment...your Dr will have to determine, with medical reasoning/evidence to support the opinion, the % of PD you were hired with. The prior injury, and presence of hardware in your ankle, will contribute to any PD rating. The ER is liable only for impairment due to THIS injury/onset.
    What that does is reduce any indemnity or cash award you may be eligible for in this claim.

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