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  1. #1
    Join Date
    Mar 2009
    Posts
    27

    Default Running Out of Patience

    My workers compensation claim was made in the State of:New York and I am totally bummed out. First, I was hurt on my job in 2005, left Knee. I had surgery on this knee in 2000. I had surgery again after the injury. I still see my Dr for this knee because it has gotten worst and now he (Dr) tells me I have to have surgery again. He also tells me I have bone deterioration and that's whats causing me to have a weak knee and severe pain.
    I went back to work in 2007 and got hurt again,right neck, shoulder, elbow and wrist, carpal tunnel. I had the surgery on the wrist in 2008 and now the IC wants to settle without repair to the right shoulder, elbow and neck. I'm at my wits ends. Things are not getting better and to make matters worst I now don't have a job to return to. I filed these injuries in my initial report and the Dr has been treating me but now they are trying to rush to close the case. My only income is the IC check as pathetic as this sounds and I'm afraid. I can't apply for welfare, I applied for SSI and this is a long process. I'm venting and I need some advice. I need to calm down. Please help. Thanks guys.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Running Out of Patience

    yes without a job it's difficult to provide for yourself. Insurance benefits are not guarenteed and can be interrupted easily. you should consider vocational rehabilitation and /or re-employment.
    http://www.vesid.nysed.gov/about.htm

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Running Out of Patience

    Where is your attorney in all this...?

    There is no rushing to settle a claim... you cannot be forced to accept a lump sum settlement, nor can you force one.

    Your PTP is charged with getting the diagnosis, treatment plan, and requested treatment through the ER/IC UR process.

    When you experience denials, and/or unreasonable delays in your claim... it's off to the WC court if the dispute cannot be settled informally.

    If you don't have an atty, have you discussed these issues with the CA handling your claim.... even though the CA's can be 'difficult' at times... WC is a benefit delivery system... but the CA isn't going to proivde any more benefits that required by law.

  4. #4
    Join Date
    Mar 2009
    Posts
    27

    Default Re: Running Out of Patience

    It seems like my lawyer has fallen asleep at the case file. Everything that is going on is without my lawyers knowledge. Example, I was informed I had an appointment with the IC Dr. and when he saw me he told me that the IC was trying to settle the case. He claims he did not know about the injuries to my neck,shoulder and elbow. My question to him was," Did you not read the Dr's file on me?". Back and forth, I feel like a pin ball in the machine of Bull S___.

  5. #5
    Join Date
    Mar 2009
    Posts
    289

    Default Re: Running Out of Patience

    Hey, know your not alone and we'll all been through it. First of all you need to have the Insurance co. go through your attorney for EVERYTHING. That's what I did. Appointments, court dates, questions, etc. Let your attorney know this is how you want to handle this, if he's not in agreement find any attorney that is willing to do a JOB for the money they will make. You have to take the Bull (s***) by the horns. This is your life your fighting for. No one is going to care about it half as much as you do. If your attorney is not even aware of your injuries how can he truly fight for you?? Ask him. Tell him your under enough stress, you don't need an enemy in the camp. Good Luck and take care.

  6. #6
    Join Date
    Mar 2009
    Posts
    224

    Default Re: Running Out of Patience

    BeenThere, does an attorney who would do that actually exist? With all the ca-ca they have to do normally, wouldn't handling your med appts for you be considered an unreasonable request? I mean, I 'get' that a lot of it should be told to the atty's by the IC's but...I dunno, my atty's pretty busy as it is lol.

    mother, just try to hang in there. I've been in this not nearly as long as some others here and I cross my fingers and knock on wood that I won't be. Just the little time I've been in this though, it DOES feel like someone hit the 'pause' button on your life. One day burns into the next with little differentiation. The same-same of waking up to contend with continual pain and what feels like very small improvements is very frustrating, to put it mildly. Then you get thrown at doctors you didn't choose and don't know and in the back of your head is the understanding they don't really work for you so much as the IC...ugh..just all of it, all of it. I DO understand how uneasy it can make one feel. Sometimes I have to sit down and consciously remind myself that at the end of this, wherever the 'end' is, is a new opportunity to get back to work and living a normal life again. One hopes anyway.

    If you have a family doctor, maybe you should go see them and lay it all out. At least you know that YOU picked this person and they know you, your personality, your lifestyle, and your medical background WAY better than the wc docs or IC's do. Yeah, you gotta pay out of pocket but maybe the feeling of just having an OBJECTIVE set of ears who also happen to be medically educated will help settle some of your worries. In the meantime, there's always this board to vent on

  7. #7
    Join Date
    Apr 2009
    Location
    Wicked Witch Of The East
    Posts
    97

    Default Re: Running Out of Patience

    What I normally do is if I get a notice to appear at doctor I always send a copy to my attorney and put in a note including all my contact info and ask him/her about the appointment and if its something I need to attend. Most of the time the attorney has them before I do, if I even get them at all. It turned out to be a good thing because there are some appointments that the attorney advised me not to go to.

    If you attorney isn't doing their job to your satisfaction then you might need a new attorney.
    When you reach the end of your rope, tie a knot in it and hang on.
    Thomas Jefferson

    He who knows best knows how little he knows.
    Thomas Jefferson

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