California Workers Comp...help me please... - Printable Version
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California Workers Comp...help me please... - swilkes38 - 06-07-2008 10:12 PM
Oh this is so depressing. Here is my story...
On March 31, I was working while on vacation...yes...you read that right. My job (tax accountant for large corporation) is deadline driven. I had a tax deadline during my requested vacation so I merely went into work for a couple hours to meet this deadline. Well, in the process of doing this, I had to get a check signed and all check signers were gone for the day. I drove to a check signers home and got the check signed. At this point, I turned to leave her home and stepped off her porch incorrectly and broke my leg. She was not even aware as she did not hear anything out front and I was embarrassed to be crying and just had my son (who was with me) drive me to ER. I got temp cast with instructions to see ortho following day. I did not claim workers comp...i put on my personal insurance. The following day, I phoned work (yes, April Fools Day) and informed them of what was going on. Nobody mentioned workers comp at this point either. I went to Ortho and had a cast put on with instructions to go home and elevate for 2 months - stay OFF as we were trying to avoid surgery. I informed my employer of such and they offered to allow me to work from home. Not a problem as I still had bills I needed to pay and needed the paycheck. No mention of workers comp still.
2 weeks later, I am still trying to work 50+ hours at home, recover, and be a single mother of a 16 year old and an 8 year old. Yes, I was getting stressed and depressed. Now the job is talking about workers comp and wants me to go ahead and file paperwork. They request that I state the address of injury to be the OFFICE rather than the check signers home, I comply as directed. They say I will be compensated for lost wages and can continue to work from home to meet my many deadlines.
ok reality...I hit rock bottom on May 14th. I think I was on the brink of a nervous breakdown. Ever since my employer mentioned transferring all to workers comp, they were treating me very differently. I went from exceptional employee, winning various awards and big bonuses and raises to questioning everything I do or say.
My first of I am sure many future questions I will have on here is....Is it common for the employer to switch their faith in you when there is a workers comp claim in action? Did they handle this incorrectly and are now trying to get rid of me?
I am now seeing a shrink and am no longer working from home. The HR director put me out on 100% temp disability on May 15th when I lost my mind from stress. My position is being handled by someone else now. Where is this going? Should I look forward to the worst?
I am still in a cast...still on crutches....and I am feeling hopeless...
RE: California Workers Comp...help me please... - lfoster21 - 06-08-2008 12:31 AM
swilkes-I am so sorry for what you are going through, and you are right in thinking that this could be a long haul in front of you. I can not answer your specific questions about why your employer did what they did and whether or not they are going to make things harder for you. However, I can tell you that many people do notice a difference in how their employer and co-workers start treating them, after they file for w/c. There are many who also end up losing their jobs, in the end. That is something that happened to me.
Take advantage of the theripist that you see, and make the most of your time with her/him. You will need to focus your mind on taking care of yourself and learning how to work through frustrations and disapointments...becasue you could have the fight of your life, ahead of you. (Not to make you scared...its just better to be prepared, than to be taken by suprise.)
You will find a great group of people here on the board and everyone has experience to help answer any questions that you may have. So, feel free to continue to post questions, concerns, and even help for others.
RE: California Workers Comp...help me please... - jayne - 06-08-2008 09:58 AM
number one GET A LAWYER since they already ask you to lie its gonna get even worse ...NEVER NEVER NEVER lie about anything on a WC case it will bite you in the butt as you have already seen...good luck and stay around we have all lost our minds and are in the process of putting our lives back together....welcome home
RE: California Workers Comp...help me please... - swilkes38 - 06-08-2008 03:40 PM
Oh gosh....a lawyer?? I can barely afford to keep my utilities current and food on the table. I am blessed with a landlord that is working with me on my rent. I cant afford a lawyer. After reading so many of your guys posts on here, I see my injury is so minor in comparison, but it is crazy how depression sets in the same. I agree this is going to be a long road....thanks for all the thoughts and welcomes...
RE: California Workers Comp...help me please... - swilkes38 - 06-08-2008 04:10 PM
oh I forgot to say, when I finally was contacted by the adjuster, I told her that the company asked me to lie about the injury address and I told her the correct address. I hated that I had complied to that.
Furthermore, this goes deeper. When my employer was harrassing me and stressing me out, the CFO of the company called me directly and asked me why there was so much bickering back and forth and asked me to write a statement on my take on things. She wanted the fighting to end and for me to just heal and get back to work. She also asked me if I thought there was other things going on in the company that I thought she should be aware of. Well, something that I am regretting alot now but think I acted out of my depression and stress, I spilled my guts about a relationship at work that I did not think was appropriate and hindered my ability to report things. This relationship was with the HR VP and a co worker of mine who was very much at a lower rank in the office.
Since then, my anonomity (spelling) was not kept as this coworker has been made aware of my reporting and has contacted me directly...angry. So this has now caused a hostile environment for me to go back to....if they even have a place for me to come back to....
Gosh, one day I am on vacation....then all this...
RE: California Workers Comp...help me please... - RNvic - 06-08-2008 04:11 PM
Swikes- Welcome, Look for a lawyer that specializes in Workmans Comp, They will not get paid until they get money for you. As Jayne said don't lie about anything, just becareful what you say. Keep a record of everything. Who you talked to what was said and anyone that you see. Keep a copy of all doctor reports.
RE: California Workers Comp...help me please... - stiffnecked - 06-08-2008 07:01 PM
I've had the same lawyer since before my children were born. Like just about every other work comp lawyer in the US he works on a contingency fee basis. He doesn't get paid until he wins something. Not a dime has come out of my pocket for his fees.
RE: California Workers Comp...help me please... - swilkes38 - 06-08-2008 07:56 PM
so if he never wins anything, you dont ever owe anything? Is this something that is going to create a large court battle? I dont think I understand. Please bear with my concerns...
It does not seem worth it for a person to put effort into something he may get nothing out of....this is acceptable to the lawyer. Perhaps they only take the case if there is money in it? How do you know if your case warrants the need for an attorney...or do all?
This is so complicated...
RE: California Workers Comp...help me please... - Tuffy - 06-08-2008 09:38 PM
First of all make sure the Attorney is a WC attorney, and you can talk to several, They will let you know if you have a case they are willing to take. and than you can choose one you are comfortable with. If they do not win your case they receive nothing.
It sounds like your employer is playing games and you , sorry to say may soon be terminated, so be prepared for the worst and hope for the best.
Welcome to the forum and keep us up to date, If you just need to talk or cry , come on over to the off topic area and join in......
RE: California Workers Comp...help me please... - sparkey - 06-09-2008 04:24 AM
Also we have a daily trivia if anyone wants to play. We have questions everyday and you can win prizes ( fake ones ) for the points that you collect. There is no certain time of the day you need to answer the questions. You have 24 hours till the next set. It is fun, and we have about 11 players sofar.
Anyone wanting to play,give me your email address in private and I will send you a invite. It was made especially for the workers comp people here and whomever they want to invite. Family/friends etc.