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Workers' Compensation

Uncle Bob

Uncle Bob

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Joined
Oct 17, 2009
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1,409
Location
Texas
This tread is not to discuss my case; but, give notice that you should be aware of Workers' Compensation laws in your state.

I'm starting this thread; with the hope that it may be of some benefit to others. I recieved an injury while employed as an inspector; and was taken to a clinic, where they did the initial medical treatment for the injuries; and the city paid for it with their workers' compensation insurance.

Unfortunately, this put me under my State's Workers' Compensation Court; which in my opinion was set up to protect insurance companies.

The insurance company has complete control over any medical treatment!

This is the scary part. I have not been able to get medical treatment for some time now; because the insurance company must set up all medical appointments; and for whatever reason have delayed treatment for over two months. I have constant pain and worry about permament disability.

I tried to use my Medicare to make appointments with doctors and pay for my treatment with that; and when they found out I was injured on the job; they would not make an appointment; stating that while I was under Workers' Compensation Court they could not, without the approval of the insurance company.

I am a veteran; and found that I could not even use my VA benefits to go to a VA Hospital and get treatment; "without the consent of the insurance company".

I went to an attorney that informed me that the insurance company had complete control over my treatment for that injury.

In other words; I do not have a legal right to get medical treatment; even if I offer to pay for it with my own funds or other coverage; (over two months without seeing a doctor) for this injury. In the mean time; the pain is increasing. I can go to emergency room; but, they can only give me medication for pain.

I did not initiate this claim; my employer did by paying for the first treatment with their Workers' Compensation. I have never had a workers' compensation claim before; and, this is scaring the hell of me.

Don't wait; find out about the Workers' Compensation laws in your state, NOW !

Be careful out there,

Uncle Bob
 
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That's why people get lawyers even for all but the most minor Worker's Comp claim.

And why health insurance does not equal healthcare.

BTW, I hope you get better. Here's a song to cheer you up:

 
Uncle Bob:

Lawyers who specialize in Workers' Comp cases get paid very little, they are strictly limited by the state in what they can charge, at least in California, I think if they prevail the comp carrier has to pay, but not sure of that.
 
Brudgers,

thanks, that was good; I'd like to see the whole play sometime.

Conarb,

Yes, lawyers are limited in percent they can charge here. That's why I can't get one who will do more than submit required paperwork.

All I wanted was to see a qualified doctor and get treatment when this crap started; but, now they turned up the volume; and I intend to see just how good they can dance.

If I could meet them in a court on equal ground; I'd have a chance; but, I will lose in the courts that are set up to protect the insurance companies. I just wish I could get some medical treatment.

I have no illusions,

Uncle Bob
 
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Uncle Bob,

Thank you for the heads up.

I wish you the best for your treatment and fast recovery.
 
Been in a similar situation....nothing like not being at fault and having to fight with two insurance companies....mine was an on the job MV accident, kid hit me head on about 45 MPH, amazingly I lived, (not complaining), other than a night in hospital for observation, couldn't even get an MRI after that. After 2 years, of fighting, they said I couldn't prove the injuries were from the accident because it had been so long...

Hope you have better luck than I UB and get well soon!
 
Ok,

Here is an update on my workers Compensation claim: (please read OP before reading this)

I am dropping my workers compensation claim; so I can see a doctor. The WC insurance company has denied (delayed) my seeing a doctor for over two months. I must fill out a form and pay $140.00 to drop the claim with the Oklahoma workers' compensation Court (a claim that I did not initiate). The City initiated the claim when they paid for my emergency treatment using their WC insurance.

It is not my intention to give you advice; but, to give warning about what you may experience; that might cause you some very serious problems. Some people have lost their homes and ability to make a living because of workers' compensation systems.

Here is a website that has a forum where injured workers have posted some of their horror stories (some are ligitimate & some may not be):

Workers' Compensation Insurance website:

( look to the left under "Home" and click on "Injured Worker Forum" )

You must register to post; but, not to read;

http://www.workerscompensationinsurance.com/workers_compensation/oklahoma.htm

Tell you about my specific injury and case later. It is not unusual and can happen to you on your next inspection; regardless of what you do to protect yourself.

Hope this helps,

Uncle Bob
 
Last year I found out that I had carpal tunnel in both wrists. I paid for the initial testing and appointments to determine this. After our HR department heard that I had found out I had this condition (one of my staff is on the health board), they talked me into filing a comp claim, what do you have to lose, right?. Well, after two weeks of paperwork, and interogations from Pinnacol (Colorado's comp carrier) (yeah, the same ones that blew over $300 grand for their exec's to have a golfing junket in Florida this past year) that made me feel like a criminal for even filing a claim, they denied my claim. I proceeded to have surgeries on both wrists, and had both of them done in four months. Lord knows how long comp would have drug it out, glad I was turned down.

Pinnacol has a reputation on CO of turning down most claims from the onset, then making the person filing the claim jump through hoops and prove that it is legit, it's a bunch of BS.
 
Uncle Bob said:
Ok,I am dropping my workers compensation claim; so I can see a doctor. The WC insurance company has denied (delayed) my seeing a doctor for over two months. I must fill out a form and pay $140.00 to drop the claim with the Oklahoma workers' compensation Court (a claim that I did not initiate). The City initiated the claim when they paid for my emergency treatment using their WC insurance.

Uncle Bob
Click to expand...
Hi Bob,

Very sorry about your injury. I'm praying for your quick recovery, if that's possible.

Here in Oregon it doesn't work that way. W Comp claims are the MOST lucrative type of business a health care provider can imagine. Injured workers here in Oregon are treated to the highest level and quickest treatment plans that the medical community can ginn up.

I had a 26 year old employee who complained about a sore back. He decided that he needed medical attention. I was totally supportive and encouraged him to seek treatment. The end result was a back support and a $3,100.00 payment for permanent partial disability, even though there was no documented injury beyond a sore back.

One of the first questions that care providers ask here in Oregon is "Did this happen at work?" if you answer yes they immediately open a WC Claim.

If you simply ask for treatment under your health insurance they will send you a letter asking it they can push the costs off to worker's compensation or to someone, anyone else's, insurance.

When you closed your WC claim was it your intention to stand all the treatment costs yourself? I doubt that any Oregon health insurance provider would accept a claim under the circumstances you have described.

Good health is of the essence.

Bill
 
Bill,

Once WC is out of the picture (the WC insurer and WC Court loses control) in Oklahoma; I can either use my medicare or go to the VA hospital. If you will read some of the horror stories on the link I provided; you will see that in many cases people with "real" claims can lose everything; including their home, job, ability to get a job and health, by staying in the WC system. Here, the insurance company has complete control over your doctors appointments; and they have a list of "good" doctors (for them) to chose from.

When I am denied the right to see a doctor for two months; and am in constant pain and have lost partial use of my right arm; it's time for a different tactic; before I lose all use of my arm.

I am glad your friend is better. Here is one from Oregon;

(In the left column; you can find your state )

http://www.workerscompensationinsurance.com/survey_results/oregon_valentine.htm

Ya'll please be careful out there,

Uncle Bob
 
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UB:

Sorry to hear of your woes. Something good might come of this if you could be a 'whistle blower' on the WC system in OK. Has publicity worked for anyone in the past? Or does the media overlook the problems of the honest working folks? Insurance in too much in control. And now the government is giving them more control.:mad:
 
I thought of dropping my employer's WC; and suing the contractor; but, guess what? Everyone is covered with Workers Compensation; it's the law, the have to be; and you can't sue them.

The insurance companies have set this system up; and they did a dam good job of it. Right now; I just want to get the shoulder fixed by a legitimate physician; who is not looking out for the interest of the insurance companies; and, who is not in the pocket of the insurance companies.

The insurance companies; through their legislators; passed the Workers' Compensation Act; that set up the Oklahoma Workers' Compensation Court, to inhibit and/or prevent legal recourse against major employers.

This is the type of stuff our health care system is made of; and the corporations own the government; and, the government controls health care.

Freedom's just another word for nothing else to do; and nothing ain't worth nothing; but it's free. :)

Uncle Bob
 
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