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  1. #1
    Join Date
    May 2012
    Posts
    1

    Default Problems with Workers Comp, Doctor and Attorney

    My workers compensation claim was made in the State of: Indiana


    This is my first time posting anything, so forgive me if I do it wrong. A quick rundown of my issue: I was involved in an accident at work on a construction site, where a 180 pound door fell directly on my head. I was found unconscious approximately six feet from the place I was working. This was September 22nd 2011. When my foreman awoke me, I was extremely disoriented and had nearly doubled the right side size of my head. He went into the house we were working at and got a bag of frozen vegetables to put on my head. Shortly after I began throwing up and losing vision in my right eye. I requested to be taken to the e.r. several times and they would not take me. They said I was just hungry and so they took me to taco bell. A family friend of my foreman called him and he asked what he should do. Apparently, whatever they said made him put down his burrito and rush me to the hospital. Approximately 2 hours after the accident I finally get to see the ER DR. They did a CT scan and he said roughly 24% of my brain was a contusion and I would not be going to work for quite a while. My forman waited for me in the parking lot. I gave him the DR. note saying I could not return to work and to get attention asap. The foreman made a call to the owner and drove me back to the jobsite against DR. orders. I was still very disoriented, but expressed the Dr.'s concerns. He said "It's alright, we'll put you on something easy like shingling." I tried to comply but could not see to hit the nails due to the brain swelling on my retina. He had me hold a board for him so he could drill into it, and slipped off the screw and put the bit into my finger. He apologized and said "we'll call it a day". After the actions of my employer's I got an attorney to represent me in the case and they set up all my work comp stuff. Work comp started me off low, sending me to a "clinic" eventually I got a Physiatrist who sent me to physical therapist, eye dr., dentist(because the impact broke out 5 of my teeth), psychiatrist, psycholgist. I was not able to hold my neck up straight for months......I was on 12 valium and 12 Norco per day, I started having seizures so he dropped my meds to 4 of each per day and I had to sign a waiver saying I wouldn't take any more than that or I would disqualify myself from care. So, that's all I took. For months, I could not speak correctly(like a pausing in my speech), I would go places and not remember going, forget people's names....etc. After child support is taken out of my check I did not have money for rent. I asked my attorney if there was any funding or organizations set up to help people in situations like this because I was being evicted. My attorneys( supposedly the number one work comp attorneys in the u.s) told me no. There was no such funding and that if I wind up in the homeless shelter it would only help my case. I had to relocate to Fort wayne from Indianapolis to rent a place from my family for cheap. Sorry to babble on....I'll wrap it up. Currently I still have : extreme short term memory issues, sometimes my mind just goes blank and I don't know where I am for 2-3 minutes or how I got there, I have an indentation in my head in the shape of a 2x4 that gives me sharp headaches that go down my neck to my mid to lower back, I forget people's names that are very close to me. When I told the DR this, he said "well, the head indention won't go away, but its not like your a head model or something." Followed up with a comment from work comp lady saying "it would be a different matter if you were bald, but you have hair." The Dr. released me to go to work light duty sit down work, which is the the thing I have the most trouble with. I cannot sit in one place for more than ten minutes without extreme pain to my back and neck. So, I don't understand that. Attorney issues: After the "homeless shelter comment" they spoke on "my behalf" saying that I wanted my case manager fired from my case to work comp> I was never informed of this nor did I ever say anything like it. She had told me that there was always the option of accepting a settlement before the MMI is why they had her fired. when I called my attorney and told them of the last dr report, she snapped at me and said "why'd you say anything about existing conditions still, they were supposed to give you your MMI". I am confused all the way around. It feels like my attorney's are not working in my best interest and the DR seems to be in bed with the work comp people and no one really cares about me recovering. If I fire my attorney I assume I will still have to pay them. I don't feel comfortable returning to work for a company who would just as soon let an employee suffer and get 10% work out of them rather than take them to an emergency room. I have no one to turn to on this. I need advice. Not once did I see a nuerologist btw and was last told I was going to have permanent brain damage. Also. whe I asked if we were entitled to get copies of the dr med reports my attorney told me no. Work comp paid for the dr's and only they are entitled to them. I believe this is where the hippa law comes in correct?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,080

    Default Re: Problems with Work Comp, Dr, and Attorney

    Quote Quoting Jmichaels View Post
    My workers compensation claim was made in the State of: Indiana


    This is my first time posting anything, so forgive me if I do it wrong. A quick rundown of my issue: I was involved in an accident at work on a construction site, where a 180 pound door fell directly on my head. I was found unconscious approximately six feet from the place I was working. This was September 22nd 2011. When my foreman awoke me, I was extremely disoriented and had nearly doubled the right side size of my head. He went into the house we were working at and got a bag of frozen vegetables to put on my head. Shortly after I began throwing up and losing vision in my right eye. I requested to be taken to the e.r. several times and they would not take me. They said I was just hungry and so they took me to taco bell. A family friend of my foreman called him and he asked what he should do. Apparently, whatever they said made him put down his burrito and rush me to the hospital. Approximately 2 hours after the accident I finally get to see the ER DR. They did a CT scan and he said roughly 24% of my brain was a contusion and I would not be going to work for quite a while. My forman waited for me in the parking lot. I gave him the DR. note saying I could not return to work and to get attention asap. The foreman made a call to the owner and drove me back to the jobsite against DR. orders. I was still very disoriented, but expressed the Dr.'s concerns. He said "It's alright, we'll put you on something easy like shingling." I tried to comply but could not see to hit the nails due to the brain swelling on my retina. He had me hold a board for him so he could drill into it, and slipped off the screw and put the bit into my finger. He apologized and said "we'll call it a day". After the actions of my employer's I got an attorney to represent me in the case and they set up all my work comp stuff. Work comp started me off low, sending me to a "clinic" eventually I got a Physiatrist who sent me to physical therapist, eye dr., dentist(because the impact broke out 5 of my teeth), psychiatrist, psycholgist. I was not able to hold my neck up straight for months......I was on 12 valium and 12 Norco per day, I started having seizures so he dropped my meds to 4 of each per day and I had to sign a waiver saying I wouldn't take any more than that or I would disqualify myself from care. So, that's all I took. For months, I could not speak correctly(like a pausing in my speech), I would go places and not remember going, forget people's names....etc. After child support is taken out of my check I did not have money for rent. I asked my attorney if there was any funding or organizations set up to help people in situations like this because I was being evicted. My attorneys( supposedly the number one work comp attorneys in the u.s) told me no. There was no such funding and that if I wind up in the homeless shelter it would only help my case. I had to relocate to Fort wayne from Indianapolis to rent a place from my family for cheap. Sorry to babble on....I'll wrap it up. Currently I still have : extreme short term memory issues, sometimes my mind just goes blank and I don't know where I am for 2-3 minutes or how I got there, I have an indentation in my head in the shape of a 2x4 that gives me sharp headaches that go down my neck to my mid to lower back, I forget people's names that are very close to me. When I told the DR this, he said "well, the head indention won't go away, but its not like your a head model or something." Followed up with a comment from work comp lady saying "it would be a different matter if you were bald, but you have hair." The Dr. released me to go to work light duty sit down work, which is the the thing I have the most trouble with. I cannot sit in one place for more than ten minutes without extreme pain to my back and neck. So, I don't understand that. Attorney issues: After the "homeless shelter comment" they spoke on "my behalf" saying that I wanted my case manager fired from my case to work comp> I was never informed of this nor did I ever say anything like it. She had told me that there was always the option of accepting a settlement before the MMI is why they had her fired. when I called my attorney and told them of the last dr report, she snapped at me and said "why'd you say anything about existing conditions still, they were supposed to give you your MMI". I am confused all the way around. It feels like my attorney's are not working in my best interest and the DR seems to be in bed with the work comp people and no one really cares about me recovering. If I fire my attorney I assume I will still have to pay them. I don't feel comfortable returning to work for a company who would just as soon let an employee suffer and get 10% work out of them rather than take them to an emergency room. I have no one to turn to on this. I need advice. Not once did I see a nuerologist btw and was last told I was going to have permanent brain damage. Also. whe I asked if we were entitled to get copies of the dr med reports my attorney told me no. Work comp paid for the dr's and only they are entitled to them. I believe this is where the hippa law comes in correct?
    you can change attys at any time. there will be single fee shared among them.
    contact your local county bar for help finding a work comp atty:
    http://www.inbar.org/LocalBars/tabid/56/Default.aspx

    for the most part Hipaa excludes workers compensation.

  3. #3
    Join Date
    Aug 2011
    Location
    san antonio tx
    Posts
    109

    Default Re: Problems with Work Comp, Dr, and Attorney

    YES PLZ DO ! consults are free and dont be afraid to ask the potential new lawyers tons of ???????? You can take someone with you, you trust, try not sign 1st day, make sure the person you take the person is ready for notes ! Good Luck sweetheart

  4. #4
    Join Date
    Oct 2011
    Posts
    147

    Default Re: Problems with Work Comp, Dr, and Attorney

    You have a right to a copy of your medical records. You can request them directly from the clinics/physicians who have treated you. You may have to pay a fee to obtain them, and they may not turn it around very speedily, but you do have a right to your records. The IC and your attorneys pay for their copies, and are not required to make you copies. (BTW, in WC, when someone is not required to do something---it won't get done. Period.)

    IC are entitled to your records to review for payment of a claim. And you can bet, that they will look and find whatever little tid bit of information they can find to have reason to dispute. Whether it be a pre-existing condition, contributory factor, or the fact that you didn't seek medical attention immediately, or returned to work OUTSIDE of your doctors orders--yes, this will fall on you, not your ER.

    Your injuries sound very serious and very scary. I agree with Vanilla-- you need to have a witness with you when you go to attorney and to doctor appointments, especially if you are admitting yourself that you are having difficulties recollecting information such as names of family members or where you are going and what you were doing.

    There is a maximum that you have to pay out for WC legal help to an atty. If you fire one and then hire another, they will have to split that fee. You will not end up paying "double" or whatever. Find a good one!!!

  5. #5
    Join Date
    Feb 2010
    Location
    Hollywood
    Posts
    19

    Default Re: Problems with Work Comp, Dr, and Attorney

    I'm really sorry that all of this has happened to you. I'm not nearly as knowledgeable as most of the people here so I'm not going to offer any advice, but it seems that our federal government needs to be looking into WC, instead of allowing the individual states handle it because no matter where you're from it's horrible, some states better than others but I hardly take comfort in knowing one state is the best of the worst. WC was established to help injured workers, but instead it seems more people are lost within the system than helped. I am really sorry that all of this has happened to you and that there are doctor's, attorney's, employer's and insurance company's, all ran by individuals who think a buck is worth more than a person's life. I hope things get better for you. And I really think you should have someone close to you help you write a letter to your local government officials, congressperson, governor, assemblyman, all of them if need be and let them know what's going on with your case. Perhaps with their help you can get out of this nightmare situation.

    Good luck!

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