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  1. #1
    Join Date
    Dec 2011
    Location
    New Mexico
    Posts
    13

    Default How to Get STD or LTD While On Worker's Comp


    My workers compensation claim was made in the State of: New Mexico

    I started working as a transcriptionist in the PD. In the past I had worked as a secretary or administrative assistant but I had never typed eight hours straight. After 9 months I started getting horrible pains in my hands and arms. I went to a WC doctor who prescribed Naproxen and Physical Therapy. I got a neurologist exam three and a half weeks later after WC approved it and of course it was negative for Carpal Tunnel. My employer found me after four weeks an accommodation which consisted or 30 minutes of typing (per the doctor) and two hourse of removing staples (8 hr day). My God, after two weeks of doing that the motion of pressing the stapler remover screwed up my right wrist/hand even more and two weeks later I could not tolerate the pain so I went back. Now it turns out I have tendonitis and I WILL NEVER be able to type for more than 30-45 minutes. I must take breaks in between or my tendons will just get aggravated. I am still receiving WC. I have to go to amore specialized Physical Therapy for the next six weeks. Someone from HR told me that they will try to look for another position (at my level which is the bottom, I make 10 bucks an hour) maybe taking utility payments, customer service, and so on.

    OK.... so my sister was telling me, why not just let them lay you off, get unemployment, and go to school full time to finish your BA degree. I need six more classes to do so as I have been going part time. My brother tells me, you should just go to Social Security and get disability and in the mean time finish your school as 10 bucks an hour is not worth continuing to mess up your hand. My mom tells me, just hold on, they may not find me another position and if they do, quit and apply for short term or long term disability.

    Emotionally I am a mess!!! I have only done clerical all my life eventhough I did work as an interpreter and translator part time in the past. I can't translate as I need to type a lot. I can interpret but they are not hiring right now. At this point, yes, I just want to finish my degree, I don't have any more hope in clerical and I need to do something or I will go nuts.

    Please.... anyone.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: I Am on WC Probably Will Be Laid Off and I Have No Clue How to Get Std or Ltd

    OK.... so my sister was telling me, why not just let them lay you off, get unemployment, and go to school full time to finish your BA degree.
    Not only is your sister giving you inaccurate info, your brother is too... you must be "ready willing and able to accept suitable employment if offered"... and, you may be required to actively search for a job.
    You are not likley eligible for SSDI, based solely on the difficulty you are having with your hands/wrists/arms... and, it can take several years to be awarded SSDI, you would be unable to perform even sedenatry work to qualify for SSDI.
    I have only done clerical all my life...
    You have not indicated your age... but you must have at least TEN years of qualifying wages or "points" to qualify for SSDI.

    The most accurate info you have rec'd is from your Mom... hold on. If you are offered a reasonable accommodation from your ER, and quit...you wouldn't be eligible for UI. Possibly even the wage replacement from WC would be stopped.

    It's best when dealing with legal issues, and WC is a legal system, to consult with a ATTORNEY for advice on the merits of your claim.

    Once you have completed the recommended treatment plan, and your Dr declares you MMI/Max Medical Improvement has been reached...you will be rated for PPD/Permanent Partial Disability and those benefits will begin. You may be eligible for VR services to help with retraining, or even finishing up that degree you are working on.

    If you are having difficulty in receiving the comp benefits,.... talk to a competant WC attorney.

  3. #3
    Join Date
    Oct 2011
    Posts
    147

    Default Re: I Am on WC Probably Will Be Laid Off and I Have No Clue How to Get Std or Ltd

    Hi. Sorry to hear about your Repetitive Strain Injury. I, too, suffer from bilateral arm and hand pain due to an occupational overuse. It is a lot more debilitating than people realize.

    BvIA is right. You don't wanna shoot yourself in the foot when it comes to receiving benefits.

    One thing, however, if any work they give you to do is outside of your work restrictions and/or is causing you more pain, you need to go back to your doctor ASAP.

    When I first reported for physical therapy, they didn't know how to deal with my situation--my over use is not from computer or typing--and had me doing things that actually exacerbated my condition. Make sure you have a good therapist and communicate clearly with them what hurts when you do it. And be sure to do the at home exercises they give you. Be diligent!!

    A doctor once told me that having a nerve conduction (EMG) done early at the onset of symptoms can prove to give a false negative, and if repeated 6-12 months later, it may show positive. You may wish to consider having the test re done if you had it done super early on.

    And, by the way, my career paid me a lot more money than the one you currently have. I can tell you, no amount of money is worth ruining your hands and arms. You need to focus on getting better. Don't be hasty. Get the treatments and all the benefits you can from the system, including vocational rehab, if available to you.

  4. #4
    Join Date
    Dec 2011
    Location
    New Mexico
    Posts
    13

    Default Re: I Am on WC Probably Will Be Laid Off and I Have No Clue How to Get Std or Ltd

    Quote Quoting BvIA View Post
    Not only is your sister giving you inaccurate info, your brother is too... you must be "ready willing and able to accept suitable employment if offered"... and, you may be required to actively search for a job.
    You are not likley eligible for SSDI, based solely on the difficulty you are having with your hands/wrists/arms... and, it can take several years to be awarded SSDI, you would be unable to perform even sedenatry work to qualify for SSDI.
    You have not indicated your age... but you must have at least TEN years of qualifying wages or "points" to qualify for SSDI.

    The most accurate info you have rec'd is from your Mom... hold on. If you are offered a reasonable accommodation from your ER, and quit...you wouldn't be eligible for UI. Possibly even the wage replacement from WC would be stopped.

    It's best when dealing with legal issues, and WC is a legal system, to consult with a ATTORNEY for advice on the merits of your claim.

    Once you have completed the recommended treatment plan, and your Dr declares you MMI/Max Medical Improvement has been reached...you will be rated for PPD/Permanent Partial Disability and those benefits will begin. You may be eligible for VR services to help with retraining, or even finishing up that degree you are working on.

    If you are having difficulty in receiving the comp benefits,.... talk to a competant WC attorney.
    I am 42 years old. The thing is that I worked in Nevada for the County and did not pay Social Security for 12 years due to the retirement plan the County has. This is why I get confused. Thank you!! I will not resign yet and continue with my treatment. The problem is that I am in a government entity and their rules might be different. They can not give me a position higher than mine which is the lowest (I had to take it when I moved here to NM after loosing my house in NV). This means that the only thing available for ten bucks an hour may be cleaning poop for Animal Control or something like that. No Office Assistant job will take me regardless of my secretarial experience if I can only type for 30 minutes at a time. Thanx again for taking the time to answer.

    ---------- Post added at 02:56 PM ---------- Previous post was at 02:47 PM ----------

    Quote Quoting BvIA View Post
    If you are offered a reasonable accommodation from your ER, and quit...you wouldn't be eligible for UI. Possibly even the wage replacement from WC would be stopped.

    Once you have completed the recommended treatment plan, and your Dr declares you MMI/Max Medical Improvement has been reached...you will be rated for PPD/Permanent Partial Disability and those benefits will begin. You may be eligible for VR services to help with retraining, or even finishing up that degree you are working on.
    I forgot to mention, I believe there is no wage replacement from WC in NM or monetary compensation. As far as MMI, my doctor will determine that after my treatment but both the specialist and the WC doctor said that the restriction will probably be the same and it will stay like that in my record forever; 30 minutes of typing at a time. As far as PPD, I have no clue what that is so I will start googling if it applies to NM. Again, thank you.

    ---------- Post added at 03:02 PM ---------- Previous post was at 02:56 PM ----------

    Hi. Sorry to hear about your Repetitive Strain Injury. I, too, suffer from bilateral arm and hand pain due to an occupational overuse. It is a lot more debilitating than people realize.
    Yes it is!! I even feel the pain in my daily duties such as spraying a cleaner, the motion of spraying it pulls right under my wrist area where the veins are, it is horrible!!

    When I first reported for physical therapy, they didn't know how to deal with my situation--my over use is not from computer or typing--and had me doing things that actually exacerbated my condition. Make sure you have a good therapist and communicate clearly with them what hurts when you do it. And be sure to do the at home exercises they give you. Be diligent!!
    WOW same thing happened to me. The therapist had no clue. This new one I will be seeing is supposed to be trained on wrists and hands.

    A doctor once told me that having a nerve conduction (EMG) done early at the onset of symptoms can prove to give a false negative, and if repeated 6-12 months later, it may show positive. You may wish to consider having the test re done if you had it done super early on.
    I will mention it to the doctor. Thanx.

    And, by the way, my career paid me a lot more money than the one you currently have. I can tell you, no amount of money is worth ruining your hands and arms. You need to focus on getting better. Don't be hasty. Get the treatments and all the benefits you can from the system, including vocational rehab, if available to you.
    This is exactly what my family tells me. Things happen for a reason. I was making good money in Nevada but I also moved up the ladder, now that I started from the bottom I can see that things are way harder especially now that I have this injury. I will work on getting better regardless, I am just afraid the City may want to trick me into not obtaining the max that I can. I will also look into Vocational Rehab but I doubt NM has it.

    Thank you too for taking the time to answer. What a blessing for forums like this one.

    ---------- Post added at 03:25 PM ---------- Previous post was at 03:02 PM ----------

    I should also add, I feel frustrated because I need to decide if I should remain part time at school or full time. On the other hand, what if I go full time, let all take its course, and when they offer me another position (IF THEY DO), than at that point resign. This has taken such a toll on me.

  5. #5
    Join Date
    Dec 2011
    Location
    New Mexico
    Posts
    13

    Default Re: I Am on WC Probably Will Be Laid Off and I Have No Clue How to Get Std or Ltd

    New news, I called my employer and short term or long term does not apply if my injury is a Worker's Comp injury.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: I Am on WC Probably Will Be Laid Off and I Have No Clue How to Get Std or Ltd

    As far as PPD, I have no clue what that is so I will start googling if it applies to NM
    I think you would benefit by reading the "Workbook for Injured Workers" here http://www.workerscomp.state.nm.us/p...s_workbook.pdf, PPD is discussed on page 25.

    Dear Injured Worker:
    We have posted copies of the forms found in the Workbook for Injured Workers that is published by the New Mexico Workers' Compensation Administration. A copy of that workbook is available for download here. The workbook is also available in Spanish: Manual para los Trabajadores Lesionados
    We suggest you print these forms so you can have extra copies to use for keeping your records.

    Notice of Accident Form/WCA Poster
    Checklist
    General information
    I had an accident
    Record of first medical treatment
    Record of medical treatment
    Claims Representative Information
    Record of Indemnity Benefits
    Basic Legal Information
    Transportation Expenses for Medical Treatment
    Notes



    Go here http://www.workerscomp.state.nm.us/partners/workers.php to download the forms.
    Have you taken the opportunity to search for WC attorneys in your area ? That's where you can get legal advice and hopefully set your mind at ease.
    You could also contact your local WCA field office an speak to an Ombudsman... that info is here http://www.workerscomp.state.nm.us/about/index.php

  7. #7
    Join Date
    Dec 2011
    Location
    New Mexico
    Posts
    13

    Default Re: I Am on WC Probably Will Be Laid Off and I Have No Clue How to Get Std or Ltd

    Quote Quoting BvIA View Post
    I think you would benefit by reading the "Workbook for Injured Workers" here http://www.workerscomp.state.nm.us/p...s_workbook.pdf, PPD is discussed on page 25.



    Have you taken the opportunity to search for WC attorneys in your area ? That's where you can get legal advice and hopefully set your mind at ease.
    You could also contact your local WCA field office an speak to an Ombudsman... that info is here http://www.workerscomp.state.nm.us/about/index.php
    THANK YOU SO MUCH!!! I will post what I find out.

  8. #8
    Join Date
    Dec 2011
    Location
    New Mexico
    Posts
    13

    Default Re: I Am on WC Probably Will Be Laid Off and I Have No Clue How to Get Std or Ltd

    Well, it is almost over. I was given my MMI. I can only type 45wpm, for 45 minutes, with a 15 min break in between as my permanent restriction. I went to my employer and she threw a fit and claimed that I had to meet the 8 hours of typing and the minimum quota of minutes transcribed. I went to HR and spoke with EEO who also threw an attitude. She said she would contact my doctor and get the permanent restrictions AGAIN and to advise WHAT functions I can perform based on my job DESCRIPTION. The catch here is that my job description states many duties which we do not do. We only do typing for 8 hrs a day and a fast rate. I found out that the 90 min quota was created by the supervisor so when the EEO rep said she would send that job description to the doctor, I jumped. I don't need the doctor to think I have been lying!! She said she would contact my supervisor to obtain a written job duties in that department. So I told her I would like to get a copy of that letter/email. When I said that I noticed she turned pale. OH SHOOT..... so now what?

    On the other hand, my MMI is 0, my Impairment rating is 0, and my benefits from WC ended. I am not working so how do I survive until they can 'find' me a position? Then if I resign there goes my unemployment chance.

    I spoke with an Ombudsman and all I can do is try to do a Loss of Use and MAYBE I can get some type of compensation. All I know is that my hand will never be the same. I can still perform clerical but not transcription for 8 hrs straight at a fast stroke.

    ---------- Post added at 12:29 PM ---------- Previous post was at 12:05 PM ----------

    Quote Quoting BvIA View Post

    Once you have completed the recommended treatment plan, and your Dr declares you MMI/Max Medical Improvement has been reached...you will be rated for PPD/Permanent Partial Disability and those benefits will begin. You may be eligible for VR services to help with retraining, or even finishing up that degree you are working on.
    In regards to PPD? I forgot to ask. I will.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: I Am on WC Probably Will Be Laid Off and I Have No Clue How to Get Std or Ltd

    If you have ANY permanent restrictions AT ALL... you do not have a 0% impairment.
    You need to talk to a WC attorney...

    In the meantime, since your ER has no work for you... apply for UI immediately. Do not quit your job.

  10. #10
    Join Date
    Dec 2011
    Location
    New Mexico
    Posts
    13

    Default Re: I Am on WC Probably Will Be Laid Off and I Have No Clue How to Get Std or Ltd

    I have an appointment with one attorney, the others never called me back, and WC made it sound as if I am done and can't get any more TTD or PPD but I can REQUEST for some sort of Loss something, I forgot my notes .....and maybe I can qualify. The WC underwriter is not in today until tomorrow.

    I called UI in Nevada since it is where I have most my credits and I am still legally employed.

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