Louisiana Worker's Compensation - Help For Injured Louisiana Workers

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  1. #1
    Join Date
    Feb 2012
    Posts
    3

    Default Fired After Job Injury, Surgery

    I had a back fusion on L5-S1 and been off work almost 2 years now. I was off work over a year before I had surgery. Surgery all went well. I had an FCE the other day and don't know the results yet but the guy giving the test stated to me he was giving me a medium rating. What does that mean for me? Also, My Dr. already told me I would not be able to return working on ambulance or fire department any longer. Now my job just all the sudden fired me and I found out when I went to get my meds filled for other medical reasons and my insurance denied the claim for meds. My job has not contacted me in any way but anyways. My main questionis.. I have an attorney and he is very good!! We have talked about settleing my case BUT I am lost on what is fair in MY own opinion I have a number but not sure if I am going in right direction with the amount. Now about the Medium rating what exactly does that mean? and other question is....Is there a pain and suffering fee in Louisiana because the WC people ave been nothing but rude and not doing all I think they should I.E. after my surgery 8 months ago I still have not had my pain pills or antibiotics filled I keep getting told it is pending approval. So, with all that I libed in pain till I healed to where I am now. Also, what about my job firing me can they do that id I am still on WC? thanks for any advice i can get...... I am looking at a differnet amount of money than my attorney thins i may get we are off from each other about 10-12,000 $$ do i follow what he says or demand what i think i deserve?
    Last edited by speedbump442001; 02-21-2012 at 10:37 PM.

  2. #2
    Join Date
    May 2010
    Posts
    402

    Default Re: What Now

    Ok first off, why are you happy with your lawyer if you had fusion surgery and no pain meds?
    Second, how did the IC approve Fusion surgery and no pain meds?
    Third, no matter what fce says, it is what your docotr says as far as restrictions, and he probably has said, much as you are saying, no return to previous line of work, hense your being let go, but medical should not have been dropped without notification of cobra.
    4th, Are you at MMI? Why is your lawyer even worrying about settlement when your basic benefits are not being meet? pain meds?
    5th FCE is an evaluation, not a test,it is used mainly by doctors to back up their restrictions, or offer another opinion of your physical recovery and abilities. Dispite what you might actually be tested as able to do, our restrictions from your doctor are going to be based largely on the future health of your back.
    6th, if your job has terminated you, you should be applying for UI asap, not sure where your lawyer is with any of this but good luck!
    7th- pain and suffering have 100% no place or concideration in WC! Your lawyer should have explained how WC works a long time ago. WC is about recovery and getting the injured worker back to work, in some form or another. It also is about insuring needed medical, which 100% includes your pain meds.
    8th As far as settlements, no one on here can even guess what you might consider for a settlement, there is no garantee of a settlement, any settlement is in lieu of future benefits for wage replacement, and medical expenses, only your attorney knows the particulars of your claim, as all are as different as night and day.
    9th- I would be more concerned with my pain meds being filled, my medical insurance being cancelled, than fighting over 10, 000 dollars in a settlement that might be a few years away.
    10th Best of luck to you, your attorney needs to be answering these same questionsfor you, or you would be better served looking for a different attorney!

  3. #3
    Join Date
    Feb 2012
    Posts
    3

    Default Re: What Now

    lady: my attorney has contacted WC attorney on the matter about antibiotics and pain meds and still nothing from them! as far as my medical insurance I did get cobra stuff in the mail BUT i was paying 140 a month and cobra is almost $500 a month and on WC that is hard to live on anyways I have spoken woth my attorney about this and he has tried to contact WC attorney no response As far as my injury goes all medical bills are being paid no problem there just living on workmans comp, child support,bills it is hard to live "normal" I am going back to school as soon as I get released from Dr. and my attorney and I have talked about settling the whole thing when I do find out my restrictions and get released from Dr. WC said they were interested in settling but I won't unless I know for a fact everything is paid so nothing comes back on me!!!! medical bills as due to my injury. only thing that sucks is I had my appendix removed and then the day before that is when i was "fired" but hospital called and insurance said i was covered and I gave my attorney the letter that stated that again no response from WC to my attorney I know that has nothing to do about on here but it isn't my attorney it is the WC attorney that wont return any calls!!!! thank you for the concern and response. I am just ready to get all this over with and move on with my life and go forward seems I am only going backwards in this matter

  4. #4
    Join Date
    May 2010
    Posts
    402

    Default Re: What Now

    Keep up the good fight, IC d this on to drive you to a state of despiration. I am sure you have probably looked into SSDI, and SSI but if you have not do so right away. I know Cobra is extremely expensive, I have diabetes, imagine what mine would be! My back is pretty much in same situation as yours, and I cannot live somedays without pain meds. I cannot help you with that, but lean you my prayers and moral support, hopefully your attorney is calling them to a 19b to insure these benefits are being meet asap. I applaud you for making plans for a future and school, there are many of us that cannot see out of the fog ahead to think that far! Good for you, keep your eye on improving your life, and trying to make as much positive as you can. I have a good feeling about you, and trust that your lawyer is doing what he can. If you are not sure what is being done, try to calmly write an e-mail to your attorney asking him what meassures he is taking to get your meds approved. Approving surgery and then being as petty as to deny meds is horrible! Unfornuately, the IC company will do what they can to make your life miserable so you will jump to settle. Good for you in wondering about is it enough. You can always consult another WC attorney and ask him what he thinks of this settlement. Doctors are often, as they should be second guessed on medical opinions. Bless you, and stay strong! We will get through this one day at a time, and we have to look out for ourselves and each other. As far as everything being paid, it can be included in the settlement that all bills will be paid by the IC and are their responsibility, so do not worry to much about that. I hate to even say thsi but many pain meds can be bought on line from other countries for very low prices. I know that IC should be paying for them, it seems rediculous, but in the meantime, contact your state reps, and senators, you might get one of them to lean on the IC to approve your meds, you never know unless you try. Best of Luck!

  5. #5
    Join Date
    Dec 2009
    Posts
    19

    Default Re: What Now

    Why hasint your attoney requested an informal hearing on these issues with a commisioner??? That is the next normal step to take when your lawyers requests are being "ignored". You had major back surgery,your pain meds should of been approved and avialable the day you were discharged from the hospital. There really is no excuse on your lawyers part for not following through on this. 8 Months and no action by your lawyer really makes no sense.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: What Now

    Attorneys, whether yours, or the defense, have nothing to do with medical care... requesting, or authorizing.
    Your Dr is responsible for requesting treatment, and/or medication...your atty is not your Dr, the CA has the authorization duties... either immediate, or through the UR process.

    If you require significant medical down the line, you should NOT think of cashing out the medical coverage in this claim... you cannot use your own health coverage/COBRA, or Medicare, you would be assuming the liability for medical care out of your pocket.
    Yes...those "huge" lump sum payments in cash look very attractive, you want "out from under" the WC nightmare... think twice before you take that cash.
    You won't be paid for treatment you may or may not seek post settlement. No money for pain/suffering, or how you may have been mistreated or delayed treatment.

    WC just doesn't pay out that way.

  7. #7
    Join Date
    Mar 2012
    Posts
    5

    Default Re: What Now

    BvIA, so far you seem pretty sharp with work comp law. Personally, the more i think about it, i would prefer to take less money and lifetime coverage. My question is, in illinois, if i won my case by going to trial, does that guarantee lifetime health? I thought i remember reading it somewhere that if you don't go to trial in illinois, it's harder to get lifetime coverage when you settle.
    Quote Quoting BvIA View Post
    Attorneys, whether yours, or the defense, have nothing to do with medical care... requesting, or authorizing.
    Your Dr is responsible for requesting treatment, and/or medication...your atty is not your Dr, the CA has the authorization duties... either immediate, or through the UR process.

    If you require significant medical down the line, you should NOT think of cashing out the medical coverage in this claim... you cannot use your own health coverage/COBRA, or Medicare, you would be assuming the liability for medical care out of your pocket.
    Yes...those "huge" lump sum payments in cash look very attractive, you want "out from under" the WC nightmare... think twice before you take that cash.
    You won't be paid for treatment you may or may not seek post settlement. No money for pain/suffering, or how you may have been mistreated or delayed treatment.

    WC just doesn't pay out that way.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: What Now

    Every state has their own set of laws/statutes.
    Life time medical is not "health insurance" for the IW... but only covers the accepted body parts in the claim.
    Lifetime medical isn't necessarily what you may think either...it covers the "natural progression of the injury/illness/disease". If you return to work, with the same ER or another...reinjure yourself, could be a new claim.
    If you were to suffer a motor vehicle accident...injure the same body part... POOF, goes the medical in the comp claim.

    Talk to your attorney before you make any decisions on settlement.

    And you should actually post in the Illilnois forum... WC laws are state specific.

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