A bad day for me today :(

Discussion in 'Fibromyalgia Main Forum' started by doxygirl, Mar 7, 2007.

  1. doxygirl

    doxygirl New Member

    I feel like Iam going into a state of depresssion....and I don't know how to get out of it!

    So many sad things are going on right now.....and all I did this afternoon is cry ....that is after I slept until noon! I just didn't want or care to get out of bed!

    On Jan 31 I had to leave my job because the building I worked in was full of mold and was making me very sick.....I should be receiving medical treatment for all the problems the mold has caused me....but I can't even be treated because my DR doesn't do workers comp....he will see me but I have to wait one month to get in ( they just don't care ) !

    I have been to three industrial clinics and they say without authorization they cannot treat me......what am I to do?

    I should also be receiving workers comp for an income....but since my boss had NO workers comp ins Iam left broke as well...............

    And now depressed!

    Even though Iam sick I hate sitting at home!

    I felt so productive when I was working sick or not! and now I feel worthless....my husband has to work SIX days s a week to pick up the slack financially and I feel guilty for that too........

    I also just can't handle the fact that my boss not only didn't have workers comp ins to this day she has not even called to try to make sure Iam ok.....or to try to pay me my lost wages....or "SOMETHING"!

    I also am left to fend for myself in filing for UEF ( uninsured employeers fund ) the state will eventually pay me what workers comp should....the paperwork is overwhelming for "ME" since I have cognitive problems.....

    I made so many phone calls today being passed and tossed around... leaving me so confused ........

    the last lady I spoke with at the UEF said I probably need to get an attorney since this is a longggggggggggggg and drawn out process.........which at this point I cannot afford ( remember I have no income since Jan )

    I feel like I was " LEFT FOR DEAD" by my employeer and now I have to do all the work and pay money I do not have to be able to get some of my income replaced by what should be workers comp.........

    I know tomorrow is a new day...and probably things will get better.....but for today Iam sad and just TIRED of dealing with problems ...........Iam tired of feeling and beign treated like NO ONE cares...........

    Our system makes everything so difficult.........why do I have to struggle and go broke....shouldn't the one who broke the law ....be dealing with these issues and NOT me ...??


    I feel so TIRED........

    Sorry for being so sad.......

    Doxy


    [This Message was Edited on 03/07/2007]
  2. Shalala

    Shalala New Member

    I am feeling really low too. Maybe it's the weather?

    (((((((((((( hang in there )))))))))))))
  3. doxygirl

    doxygirl New Member

    Iam sorry that you are down today too! :)

    This us so unlike me...I have dealt with a lot and yes I have had my moments but this time it is different.....maybe because I feel lost without a job.....

    I hope that your day gets better..............Iam in your corner and praying for you too........thanks for caring enough to write to me......I really appreciate it!

    Hugs

    Doxy
  4. SleepyMama

    SleepyMama New Member

    I'm too much of a mess myself to say much right now. Um I think you can probably get one of those lawyers who has a "no pay 'till you win" policy and you may be able to legally force your employer to pay your legal fees.
    I'm sorry you're feeling so rough. Big Hugs to you!
  5. doxygirl

    doxygirl New Member

    thanks for your support......I hate it when I feel like this!

    I do try so hard to always be "UP" and when I get down it really hits me hard!

    I do however appreciate all the hugs and warm wishes it makes me feel like there are people who do care !

    I know I have repeated myself a lot on this post..........so please forgive me I am just overwhelmed right now.:)

    Love and hugs
    Doxy
  6. PVLady

    PVLady New Member

    Listen, you must get your WC claim reported. You need to call the State of California. Your employer is a criminal, he broke the law by not carrying insurance required by state law. No sympathy here for him. It is NOT your problem that he chose to ignore the law and YOU should not suffer.

    There is a trust fund in California to pay your claim. Don't be concerned about this former employer. I am just a small business and pay myself. I would NEVER go without coverage and neither should have he. Don't feel guilty - call the state and get your claim filed. Then you can see doctors, etc.

    As respects to the paperwork, I know it is overwhelming. My brother filed for SSDI last year by internet. It took him 5 days to complete the paperwork but when he did, he was approved in less that 8 weeks. I was shocked because it looks like some people have so much trouble.

    His DIL helped him complete the application - I was wondering if you can ask one of your son's to help you with the paperwork.

    I posted the following info from the state website for WC.

    (Also, you need to shop for another attorney who will handle this on contingency if you want to file a liability claim for bodily injury against the building owner).


    Q: What happens if I'm uninsured and an employee is injured?

    A: Failing to have workers' compensation coverage is a criminal offense. Section 3700.5 of the California Labor Code makes it a misdemeanor punishable by either a fine of up to $10,000 or imprisonment in the county jail for up to one year, or both. Additionally, the state issues penalties of up to $100,000 against illegally uninsured employers.

    If an employee gets hurt or sick because of work and you are not insured, you are responsible for paying all bills related to the injury or illness. Contact the information and assistance officer at your local DWC office for further information. You should be aware that workers' compensation benefits are only the exclusive remedy for injuries suffered on the job when you are properly insured. If you are illegally uninsured and an employee gets sick or hurt because of work, that employee can file a civil action against you in addition to filing a workers' compensation claim.

    If you fail to pay required benefits you may also be contacted by the Uninsured Employers' Benefit Trust Fund.

    Q: What is the Uninsured Employers' Benefit Trust Fund?

    A: The Uninsured Employer's Benefit Trust Fund (UEF) is a special unit within the Division of Workers' Compensation that may pay benefits to injured workers who get hurt or ill while working for an illegally uninsured employer. The UEF pursues reimbursement of expenditures from the responsible employer through all available avenues, including filing liens against their property.

    Q: Can I be fined for not carrying workers' compensation insurance?

    A: Yes, and more. If the Division of Labor Standards Enforcement (state labor commissioner) determines that an employer is operating without workers' compensation coverage, a stop order will be issued. This order prohibits the use of employee labor until coverage is obtained, and failure to observe it is a misdemeanor punishable by imprisonment in the county jail for up to 60 days, or by a fine of up to $10,000, or both. The Division of Labor Standards Enforcement will also assess a penalty of $1,000 per employee on the payroll at the time the stop order is issued and served, up to $100,000 (Labor Code section 3722(a)).

    Additionally, if an injured worker files a workers' compensation claim that goes before the Workers' Compensation Appeals Board and a judge finds the employer had not secured insurance as required by law, when the dispute is resolved the uninsured employer may be assessed a penalty of $10,000 per employee on the payroll at the time of injury if the worker's case was found to be compensable, or $2,000 per employee on the payroll at the time of injury if the worker's case was non-compensable, up to a maximum of $100,000 [Labor Code section 3722(b)].

    Finally, as noted in answer to a previous question, failure to secure workers' compensation insurance is a misdemeanor punishable by imprisonment in the county jail for up to one year, or by a fine of up to ten thousand dollars ($10,000) or by both that imprisonment and fine. (Labor Code Section 3700.5)

    Q: How do I get proof of coverage?

    A: Request a certificate of insurance from your insurance carrier.

    Q: Where can I report an employer for not carrying workers' compensation insurance?

    A: You may report an uninsured employer to the nearest office of the Division of Labor Standards Enforcement. The offices are also listed in the state government section of the white pages of your local telephone directory under industrial relations, labor standards enforcement.


    [This Message was Edited on 03/07/2007]
  7. imatired

    imatired New Member

    Hi
    A clinical ecologist or someone who deals with environmental illness might help you. This crazy thing has to be coming from allergies or all the synthetics in our world. Good Luck and God Bless
  8. doxygirl

    doxygirl New Member

    let me know.....I really really need some help with this it is overwhelming for me.

    Thank you
    Doxy