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  1. #1
    Join Date
    Mar 2007
    Posts
    24

    Default When Does An Employee Have Rights

    I had AC surgery in Jan 2007. I now havew the same pain as I did before surgery. The Dr. keeps putting me off and spreading my appoinments 2 to 3 weeks apart. he , in my opinion put me back to work too soon, and has not runany more X-RAYS or MRIS. They have now cut my pain medicine from 40 pills a week to 30 a month. Its almost like they are calling me a liar for my pain. I have asked for a second opinion from another Dr, and could not beliebe the RED TAPE involved. They do know that I am suffering financil wise, and I believe they are trying to get me to give in. I have an attorney, but seems they are just after the "BIG" check, which i understand isnt going top be that much anyway.

    Why dosent an employee have the right to a second opinion of his choice in this case, without all the BS.

  2. #2
    Join Date
    Feb 2007
    Posts
    59

    Default Re: When Does an Employee have RIGHTS?

    The employee has rights but what we don't have is time on our sides.
    http://www.state.tn.us/labor-wfd/wcfaq.html
    that link is for info on W/C laws.
    Doctors say it takes about a year to heal from surgery but even then you may never be 100% but as far a second opinion you can get one but it has to come out of your pocket and any limitations that doctor might give the company does not have to honor. As for lawyers yes they are after the big check. nothing is out there for just the emplyee benifit anymore just the hard working coorperation, that is who the laws protect. hang tight it will eventually get easier. and doors will open again....

  3. #3
    Join Date
    Mar 2007
    Posts
    67

    Default Re: When Does an Employee have RIGHTS?

    Losing, as Slick has said you do have a choice read the site on their reply.Just realize if the WC ins allows you a second choice they will be in touch with the Dr and tell him he is only a second opinion!
    The way i see this whole situation is Your jobs first responsibility is to their WC insurance carrier to determine your not fraudently trying to get benefits secondly to make sure they dont have a lost time accident so their WC premiums increase.Most workplaces will give you light duty work,to the point of meanigless shuffling of papers just to keep you in work.Which is great as long as you can handle the pain.Oh yea mine even took me to Drs, to get more lortabs so i didnt care about the pain.
    As far as the lawyers are concerned most of them think if we are kept uninformed and do as we are told then we are gonna get some sort of (big check) ,or they wouldnt bother taking our cases.Slick i said most!Stupid I am not but neither am i well versed on all their legal jargon or all the legalities involved in trying to do as Drs tell me and do as my lawyer says.I have gotten bills from Drs saying my regular health insurance wont cover this it should be workmens compensation and then am sent an attorneys paper to fill out for why it wasnt? On my opinion these are things for your lawyer to handle.
    People say write your senators and representatives and such but wasnt it our own Govenour who brought about the WC reform act of 2004 saying(it will bring more jobs to the area)not caring that he was cutting benefits for those IW that the businesses here already are injuring?
    As far as WC and all its processess its like everythiung else in our society ,All in how you interpet it. my second opinion was that i had to have a realistic expectation of ever being able to do that kind of work again and when work read that they told me it meant i would have to do different machines Not that i couldnt run machines !
    Make sure you understand terms that are used if not get help understanding them.I was told I had an appointment for medical review conference with a WC mediator by my lawyer when i got there was told by works lawyer it was a settlement hearing?Now i wasnt looking for a settlement was trying to get medical attention on my arms .Mediator told us if it was up to him that insurance company would be paying for treatment on arms.But as of yet havent heard any more about that. Was that my lawyers fault or works? Slick i am back to most lawyers again!

    The only good thing that has come out of this whole deal is i understand now if think your going to need a lawyer make sure you get one that is looking out for you.I tried to get the one from Nashville that wrote the email to the govenor condemning his decision on WC reform. He told me the meeting would be numerous and wouldnt be beneficial to either of us when
    there were good lawyers in the area! At least he was upfront about being able to handle the case and give it the needed attention!

  4. #4
    Join Date
    Feb 2007
    Posts
    59

    Default Re: When Does an Employee have RIGHTS?

    you are right also. I still believe what a money racket this whole thing is everyody wants a hand in your pocket once they here you might get settlement but no one wants to help you live the rest of your life. It is not worth any amount of money to live in pain. and the fact that they cut your pay to make you suffer at home, so you have to get back to work faster i guess. it is all about the big guys. everyone has deferent medical problems but we all have the same problem W/C ins. so we all post which ways we went or how we are doing so people can get ideals because it seems like we can not get them work or from lawyers.

  5. #5
    Join Date
    Mar 2007
    Posts
    67

    Default Re: When Does an Employee have RIGHTS?

    Right you are slick just heard from my lawyer he states judges opinion is that one elbow was hurt at work and even though i went back to work on lortabs other one wasnt hurt there?Now we have to wait for clarification of his decision to see exactly what he means? Am guessing that means left elbow not covered by WC even though both wrists and right elbow is?

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