Talked to lawyer today

Discussion in 'Fibromyalgia Main Forum' started by SuzieQ, Mar 26, 2003.

  1. SuzieQ

    SuzieQ New Member

    I talked to the lawyer about how workers comp was treating me. He said he didn't know how much he could do right now, but he is going to request all my records and see if I need to get a second opinion. He said he will have a better idea after hearing what the surgeon says next week.

    The bad part is that he said technically the hospital could fire me because the Dr said I was able to work, so I am not covered for calling in, no matter how ridiculous it is for me to be working. I have been near tears ever since I left there. What would I do if I got fired...I would have no income, and I'm a single mom...then I couldn't get another job, because my back is messed up. I'm really not liking those Dr's now.

    He did tell me to try to make it in as scheduled tomorrow and when I get where I can't stand it no more...demand to see a Dr and if I can't see my Dr insist on going to the ER. He told me I would have make a huge pest of myself. The problem is I'm so worn out I'm not sure how to go about doing that. I know one call to the workers comp representative and I will be in tears. I still don't understand why it has to be that way.



    Please re-fresh my memory.

    How long ago did you injure yourself?
    What type of injury was this?
    Was this injury work related?
    Was the necessary w/comp documents completed?
    Are you receiving any type of physcial therapy?
    If not, when was the last time you received PT?

    Did you hire this attorney that you met with today?

    I'm not sure why this attorney first has to review all the medical documents to find out if you require a second opinion. Your in pain, gosh darn it for lack of words! You need to see a doctor now!

    First of all, if this was work related, and you were dealing directly with the w/comp rep., you did not need to get an attorney to get a second opinion. Even if you were having problems with the w/comp rep.

    Also, if you feel that the dr. that evaluated you first, was not competent in his/her diagnosis, you have a RIGHT to request DIRECTLY from w/comp rep., a second opionion and they have to approve it no it's and's or but's.


    What about the surgeon? Is this the dr. that the attorney has scheduled you to see? Or is this an approved 2nd opinion from w/comp?

    As far as firing you....remember that when you file a w/comp injury, you are protected! If they even think of firing you they would be making a BIG mistake. It's called a 132a in California which basically stands for wrongful termination.

    As far as work tomorrow, if you have to go, and this is a work related injury which continues to worsen, go in at your normal time, clock in, and go straight to Human Resources or whoever is in charge of w/comp and demand that they send you to the COMPANY doctor again for an evaluation due to your excessive pain! They cannot deny you to see the doctor and they have to send you right then and there!

    Wow! It upsets me to hear that these things are happening all over the world with injured workers.

    Hope this helps!
  3. SuzieQ

    SuzieQ New Member

    I've been on light duty for over 2 months now. I'm seeing the initial surgeon for follow up of all the tests he had sent me for.

    The lawyer said because the Dr's wrote I'm still able to work light duty, that the hospital could fire me for calling in due to this injury. It doesn't make any sense to me, but they don't care about my opinion.

    I am going to bug workers comp rep or Dr's office all day long until I get something done today.



    Find you own doctor!

    After 30days or at least that is what it was last year, you have a right to find your OWN doctor and the w/comp will approve it! They don't like it, but oh well.

    Do you by chance remember signing a document when you first started your job, in which you provided the name of a doctor that you wanted to evaluate you should you be injured while working?

    I'm not sure what type of work you do, but are you really following the "light duty" restrictions?
  5. SuzieQ

    SuzieQ New Member

    I'm following the light duty restrictions, which is basically no lifting, pulling, or pushing over 5lbs and occasional twisting and bending. I'm a nurse so that takes away most of the stuff I do. What I end up doing is running up and down the hall taking care of paperwork and answering call lights on everyone's patients. Think I do more walking than I did on regular duty. I never signed a paper who I would want to go to...don't have a clue about any Dr's in orthopedics or back specialists. Now if it was my heart could name off a dozen or so I would see. If this keeps up I may need one of them, or at least a shrink.

    I don't know any Dr to be requested to be sent to. That's why I'm going to let the attorney help with that...I'm sure he knows Dr's that don't live by what workers comp dictates.

    I punched in this morning and work like instructed. Then the Dr sent me home and told me to take off until appt next week. So, now I have to worry about money, because I had been off a week, but since I punched back in don't think workers comp will pay for it...something about having to be off more than 7 days in a row. I'll just send them all of my bills. I am going to try to get to the bottom of if I'm supposed to get paid from them for any procedures...because that's what most of my personal time got wasted on.

    When I talked to the surgeons nurse today she said the discogram looked normal and there would be nothing surgical done, so I know I won't get anything accomplished at my next appt. All this mess is just making the rest of me hurt...making IBS and migraines act up. I don't know what I'm going to do anymore.



    What state do you live in?

    There is a website called "" where other injured workers meet and discuss their work-related issues just like this board I mean, if you have questions and concerns, someone else can answer them because they may have already been through what you are just beginning.

    Oftentimes, a lawyer will join the board and answer any questions you may have.

    You should take a look at this site. It is broken down by states, so hopefully your state will be there.

    Let me know how it goes.
  7. Achy-shaky

    Achy-shaky New Member

    SuzieQ, I can relate to what you are going through but one thing you have going for you is that you have contacted attorney before you could possibly lose your job. I wish I had because I was so stupid about how it all worked. My doctor said I was able to work, however, I was still asked to leave my job because they said they couldn't modify it and had no light duty position available for me, which is legal for them to do in Calif. I worked for a consulting firm doing document design and looking back on it now, a few months after I got sick and had taken medical leave, after coming back they were trying to fire me for incompetency - wrote me up for not following procedures properly, etc. etc., which by the way were totally nitpicky things after I had a very good record of 9 years of being very compentent. Anyway that was more than a year ago and I went thru vocational rehab, found a part-time tutoring job which I recently had to give up too because this DD got worse.

    It sounds like they have put you in a modified position so you may be ok but if it's something you can't do anymore, you do have the right to ask for another doctor (WC usually will let you change doctors once) and then tell that doctor you want to get vocational rehab to get training for something that will be less stressful.

    Also if you have hired this attorney usually the workers comp insurance rep will not talk to you anymore - they will tell you to talk to your attorney which is for the best because they know better how to get what you need. Also because of the stress and anxiety you should ask your new primary doctor to refer you for psych exam - it will benefit your case and help you deal with it all.

    Blessings and Best of luck to you.
  8. AnnetClo

    AnnetClo New Member

    I'm going through a W/C deal now but since it also involves a third party claim too (long story) I contacted an attorney right away. It's been wonderful. I don't have to deal with anyone. After my surgery when the doc discharged me with a disability rating, the attorney sent me to one of "his" doctors for a second opinion. Which was, surprise, larger than the first rating. So if you've hired this attorney, ask him to recommend an ortho doc. If you didn't hire the attorney, talk to one of the nurses on the ortho floor for a recommendation. Even if you don't know them, if you drop by their floor in uniform and they know you're an employee they will probably tell you who to see. Good luck to you and keep us posted.