Hawaii Injured Workers Group

[up2god]

jus wanna say much thanks for the advise it's been very helpful aloha and god bless

[up2god]

i am experiencing anxiety's and been taking ambien jus to sleep because of w/c claim can you file a claim for anxiety's due to your claim ?

[SteelMagnolia]

In "MOST" states anxiety, depression, insomnia, etc., can be considered a compensable consequence of a WC claim IF they are do to the injury itself. AND your ATP certifies them as such.

For the most part NOT if these conditions are caused by the legalities, wait times for treatment, aggravations with the CA/IC/ER, etc., of the claim.

Make sense?

Take Care and Be Well.

Steel

[up2god]

should i file another claim for anxiety's been taking ambien and vicodin just to sleep because of what's been happening with my w/c case would this help my case.

[BvIA]

i am experiencing anxiety's and been taking ambien jus to sleep because of w/c claim can you file a claim for anxiety's due to your claim ?
--------------------------------------------------------------------------------
should i file another claim for anxiety's been taking ambien and vicodin just to sleep because of what's been happening with my w/c case would this help my case.

A claim for benefits under your ER plan for industrial injury means you have suffered a injury in the course of your employment, while performing the duties of your job.

That you are having difficulty sleeping due to anxiety from the process of your WC claim does not fit that description. The anxiety is not due to your job/employment.

Now IF your Dr can make the connection of your anxiety/depression to your org work injury... chronic pain specifically, then you might have a compensable consequence to the org injury.

There is no law that says you must litigate your claim.... this only happens because you didpute a denial made by the IC, that's why what you are experiencing is not covered as work related.

Go to your DR, use your own health coverage for the anxiety...you can do this because the symptoms you are having are not due to your injury, but rather the process.

What do you mean by "will it help my case ?"....?

[up2god]

if your taking pills like vicodin and ambien mixed to stop th pain and put u to sleep from anxietys due to your injury is that considered another claim for work comp

an i par of org laim

[BvIA]

What you are talking about is not a ''new claim'', but potentially a compensable consequence to the org injury.

if your taking pills like vicodin and ambien mixed to stop th pain and put u to sleep from anxietys due to your injury

There is a distinct difference between suffering anxiety due to pain/injury, and that of the litigation process... one may be compensable, the other not.

What ever the issues are here, your Dr must be able to make the connection to your org injury.

vicodin and ambien mixed to stop th pain and put u to sleep from anxietys There are two different problems there. ''pain'' and ''anxiety''. Once your claim resolves, the pain may or may not continue, one would have to presume the anxiety, due to the process... would go away on it's own. The ER/IC may be liable for treatment to one, but not the other.
You are being Rx'd medication for symptoms you present due to your injury, that doesn't mean there is a new claim.

I'm not sure what you are trying to do here....(?)

[up2god]

thats what i explained to my attorney he said we should file a new claim for anxiety, but it was not a work injury this is the same attorney that i tried firing 3 times and everytime i told him your done he responds, vicodin / ambien is the medication i need for the pain while i am trying to sleep to get my mind off the pain, the process i have learned to live with . i don't know what to do aloha

[BvIA]

You/AA can file all the new claims you want. If there is no connection to your orginial injury, made by your treating physican... there would be no basis for the claim.

You NEED medical evidence to back up any request for treatment, or injury you are claiming benefits for.

You should be taking the advice of your attorney, and not substituting that legal advice by what you read or receive on a message board.