lawyer said this is very common and that I could put in a hard ship claim, in the mean time i wait for the hearing, they said it was exactly at the 6 month mark when you also cannot get help from a union after 6 months, to try and strong arm you into talking the doctor into a trial work experiment. Problem is i couldnt even finish the ohysical therapy and the therapist is the one who did the FCE so how do i go back to work?. I sware they are trying to write it all off and watch me twist in the wind, I am starting to have hate towards my job and its the workers comp insurance thats actually doing it.
I dont have a 401k i have a union retirement fund i am vested in, and until this all comes to a head you cant just make an early exception to the union retirement they want it to be a final deal type thing, the union also has a way of helping financially up to 6 months, which is the exact time that workman's comp paid me, almost as if to say , "six months are up and so are your options" now i have to have a conciliation to see if it can go before a judge in the meantime i got a second opinion and they don't see any way the nerve is being touched by the herniation , the MRI shows the disc all dark and bulging but not to the nerves. Now they think the nerve in front of the hip is compromised and gave me neurontin for a try if that doesn't work which it seems to not be, then they can try an injection to the nerve itself. In the meantime i have to twiddle my thumbs and watch bills roll in. I was going to try SSI but the lawyer informed me thats if expected to be out at least a year and then it is also saying your career is over which may end up being the case but I am still trying to keep a shred of hope for going back to work.
03-20-2012, 08:49 AM
(This post was last modified: 03-20-2012, 08:51 AM by jeepstang.)
It was a work injury i have union lawyers on the case, after 6 months workers comp shuts you off to try and force your hand to return to work, the problem is i cant, my job will not let you return unless you are cleared 100%, the lawyers office told me this is quite common in this state with union workers because the workers comp knowsthe union only helps for up to and not past 6 months, so shutting me off now is the way to screw me. I am taking neurontin now and it so far a week later is making my leg worse and feel weaker, but i will keep taking it for the next week and see the back dr and find out what else can be done, I had a talk with the attorney the other day and asked about SSI and was told if I do it I am giving up on my job, I dont want to do that and he said to continue with the appts and we will see about returning to work, I am hoping it all gets better soon. No one at work can give me advice except my steward as of now I am not wanted on the property until i am cleared for work. Talking to my steward he has basically said that they have me between the rock and hard place and to listen to the union attorneys.
03-20-2012, 10:44 AM
(This post was last modified: 03-20-2012, 11:01 AM by jayne.)
it may be time for you to ask your lawyer if he is in it for you or the union point blank! then go from there if he is in it for you great for them get you another one.SSI and SSDI are 2 very different programs altho you will apply for both at the same time.if you are in danger of losing your home march your happy ass down to the SS office and apply for both inless that lawyer is gonna pay your morgage and light bill.SSI is a supplement for low income SSDI is disabilty insurance you get for being disabled and you have to be disable for or going to be disabled for a year or more...and its hard to get and could take YEARS to get so apply now babydoll.....you may get lucky and get it in 3 months several of us did (thank you Jesus) several of them on here fought the fight for years...but start now....the problem with you starting the fight now is when you settle if you are on SSDI the insurance company will have to settle with medicare also and that is a time consuming mess but so worth it....because your medical is taken care of and you are eating and living in a house while WC is fighting the fight with medicare not you....oh and your lawyer doesnt get a third of that pot.....like he would if you didnt go for SSDI...get the picture?
........I love cats, I just cant eat a whole one by myself......
(03-20-2012, 08:49 AM)jeepstang Wrote: It was a work injury i have union lawyers on the case, after 6 months workers comp shuts you off to try and force your hand to return to work, the problem is i cant, my job will not let you return unless you are cleared 100%, the lawyers office told me this is quite common in this state with union workers because the workers comp knowsthe union only helps for up to and not past 6 months, so shutting me off now is the way to screw me. I am taking neurontin now and it so far a week later is making my leg worse and feel weaker, but i will keep taking it for the next week and see the back dr and find out what else can be done, I had a talk with the attorney the other day and asked about SSI and was told if I do it I am giving up on my job, I dont want to do that and he said to continue with the appts and we will see about returning to work, I am hoping it all gets better soon. No one at work can give me advice except my steward as of now I am not wanted on the property until i am cleared for work. Talking to my steward he has basically said that they have me between the rock and hard place and to listen to the union attorneys.
it's illegal for an employer to demand a full work release before allowing a worker to return to work.
It's a violation of the Federal ADA laws that require the employer to open discussions with the worker about reasonable accommodations.
both Sears and UPS have been sued by the feds for having such a policy.
[size=medium][font=Comic Sans MS][i]please include the state where the claim was filed.[/i][/font][/size]
with these posts from 1171 and jayne i would be going to talk to a lawyer that has nothing to do with your company! your in it for you and the only one that really cares about the situation thats why i said dont take advise from someone on the other side you CAN talk to your own attorney. i definately would
03-21-2012, 10:46 AM
(This post was last modified: 03-21-2012, 10:51 AM by jeepstang.)
the lawyer I am using isnt through the company they is through the union they specialize in workmans comp cases, the job I have is a job that cannot be accomodated its driving a rig and unloading it, any percentage of inability would fail the dot physical and stop me from working just the same. My doctor is seeing me next week and will talk with me about MMI and if the secondopinion is viable, the neurosurgeon thinks its treatable and I may be able to return to work if that is the case I wont be out for a year and filing isnt going to happen, if I see him next week and things sound negative then you are definetly right and filing is going to take place. In the meantime workers comp is apparently watching me , Where I live you get to know the cars in the street wel because its a close neighborhood and yet for the second time since my injury a car is parked and left across the street from me the day after another car stopped in front of my house and a middle aged woman looked through a binder and drove away. if they are trying to be stealth they are bad at it. I assume the car has a camera in it somewhere, its out of state plates.
I am also a truck driver located in Wisc. Drove over the road for 22yrs and LTL for the last 15. I took a fall while delivering a 3000# pallet using a pallet jack to a costumers location. While pulling the pallet inside their building, my feet slipped out from under me, (they had a smooth shinny concrete floor) landing on my butt and back. There were two wittnesses right there and I got up, tried to brush it off but it did hurt..Reported the fall to a supervisor and continued on with my route. I worked for an additional 2 weeks in constant pain, lower back and buttocks, right leg and foot. Told supervisor I needed to see a doctor and was granted that and received 8 x-rays that showed a possible herniated disk. Went back to work and the trucking company sent me to see their doctor, he also took 8 more x-rays and after doing a test on my right foot and looking at the x-rays, confirmed that I had a herniated disk, 3 buldging disks and siatic nerve damage. Company put my on light duty per DR`s request and spent the next 90 working days in the office. The accident happened in April of last year and after seeing 2 back an spine specialists I ended up having a bi latteral L4 L5 decompression to releive the pressure on the siatic nerve that was affecting my right leg. However the surgery has not helped my lower back pain which is constant everyday. I have not returned back to work since the surgery and currently going thru a Work Hardening Program at the request of my back surgeon. I am scheduled for FCE in a few weeks and workers comp has given the ok on this..The FCE I`m having is NOT connected with Workers Comp, but not real sure what to expect from this evaluation..I can tell you that I am of retirement age, 63, and would just as soon retire as go back in the truck and do the physical work that I would be required to do. My company might offer me an office job, but it hurts to sit in any one position for any length of time..I have been extremely limited as to what I can do with any activites for almost a year now, but will say workers comp has been good to me and has not hassled me whatsoever..I have been receiving workers comp checks since I was first put on light duty and they are still paying me 8 weeks after my 12 wk recovery period...
I appreciate all the forums on this site related to the FCE tests and I`m currently working with an attorney who has told me he is not real familiar with the FCE as its a new requirement here in Wi..but he did say not to do anything over my limits, if it hurts, STOP..I also have COPD which was confirmed several years ago...So I am not looking forward to this 6hr evaluation..but after I complete this, I will come back to this forum and give details to anyone who would like to know, espicially those from Wisc...
I was told that after the FCE that the results will be sent to my surgeon to sign off on with restrictions for returning to work...and wondering just how long after that I can expect to settle with workers comp...I need the money as I`m not getting as much weekly as I would if I was working my full time job...
If anyone from Wisc has gone thru this, I would appreciate replys as what to expect, from the FCE as well as workers comp settlement..The attorney (I have not retained him) told me that I would be eligible for $300wk for 10 yrs. I may not be around in 10yrs and would like the settlement in a lump sum..if that is possible...
Thanks for listening, I`m glad I found this site as I had nowhere to go for advice...