Can depression treatment interfere

[lanna]

Hi, this is my first post. I've been out of work for back injury only a few months and am undergoing recommended treatment. I'm now suffering from severe depression to the point I may need to be hospitalized.
If I miss an appointment because I'm in a psychiatric hospital can they hold it against me. I'm really scared of doing anything that causes me to lose my job and my insurance. I also know I can't ignore this depression. I have a history of depression, but I've been fine for years. The pain, isolation and uncertainty from this injury has put me in a very bad state of mind. All I do is worry.
But back to my question.
If I miss anything like a Dr. appt., PT or any because I'm inpatient for depression, can they say I'm noncompliant, or can it hurt me in any way?
Thanks, I'm in Tennessee

[1171]

if you reschedule and there is no missed appointment charge, then there is little to "hold against you".

sounds like your condition is work related or at least work injury related.
if so, you should claim it.
if it's accepted, then it won't be an outside condition interfering with your work injury treatmet.

[jayc123]

(03-13-2012 02:01 PM)lanna Wrote:  Hi, this is my first post. I've been out of work for back injury only a few months and am undergoing recommended treatment. I'm now suffering from severe depression to the point I may need to be hospitalized.
If I miss an appointment because I'm in a psychiatric hospital can they hold it against me. I'm really scared of doing anything that causes me to lose my job and my insurance. I also know I can't ignore this depression. I have a history of depression, but I've been fine for years. The pain, isolation and uncertainty from this injury has put me in a very bad state of mind. All I do is worry.
But back to my question.
If I miss anything like a Dr. appt., PT or any because I'm inpatient for depression, can they say I'm noncompliant, or can it hurt me in any way?
Thanks, I'm in Tennessee

well you should tell your lawyer(if you have one, if not GET ONE) go to your primary to get assest. or the place that would admit you to see if theyll take you in, if so, tell them to contact your case worker and make sure they do! bring workers comp phone number with you. not only can they not hold it against you, theyll most likely have to pay for it if its brought on by this situation and any meds they have you on. theyll try to say its pre-existing but if it wasnt for this it wouldnt have happened.

[lanna]

I've called a few attorneys. The receptionist always tells me right away no attorney in the office will take my case because the company I work for has their own injured workers plan. One attorney did speak with me and said nobody wants to talk to me because there is no money in it for them because of the company's plan. I'm just told to call back if i want help with filing for social security disability.
I can't find anything similar online of somebody's employer having their own injured worker plan that doesn't fall under same rules as everybody else.
I don't know how to navigate this at all.

Has anybody ever heard of this?

[jayc123]

(03-13-2012 04:40 PM)lanna Wrote:  I've called a few attorneys. The receptionist always tells me right away no attorney in the office will take my case because the company I work for has their own injured workers plan. One attorney did speak with me and said nobody wants to talk to me because there is no money in it for them because of the company's plan. I'm just told to call back if i want help with filing for social security disability.
I can't find anything similar online of somebody's employer having their own injured worker plan that doesn't fall under same rules as everybody else.
I don't know how to navigate this at all.

Has anybody ever heard of this?

i belive workers comp is a federal law requirement, but you know tennessee. i just tried tn.gov that should have your answers

[1171]

(03-13-2012 04:40 PM)lanna Wrote:  I've called a few attorneys. The receptionist always tells me right away no attorney in the office will take my case because the company I work for has their own injured workers plan. One attorney did speak with me and said nobody wants to talk to me because there is no money in it for them because of the company's plan. I'm just told to call back if i want help with filing for social security disability.
I can't find anything similar online of somebody's employer having their own injured worker plan that doesn't fall under same rules as everybody else.
I don't know how to navigate this at all.

Has anybody ever heard of this?

---

being self-insured doesn't mean they don't have to follow state laws regulating workers comp or are outside of the legal system.

the only exception would be federal or military related employment but they have rules as well and they can be taken to court--just a different one.

texas is the only state that allows employers not to have workers comp insurance.

without more information on your employer's insurance or their "special plan" I can't offer any insight as to how benefits are handled or disputes resolved.

[lanna]

(03-13-2012 07:19 PM)1171 Wrote:  

(03-13-2012 04:40 PM)lanna Wrote:  I've called a few attorneys. The receptionist always tells me right away no attorney in the office will take my case because the company I work for has their own injured workers plan. One attorney did speak with me and said nobody wants to talk to me because there is no money in it for them because of the company's plan. I'm just told to call back if i want help with filing for social security disability.
I can't find anything similar online of somebody's employer having their own injured worker plan that doesn't fall under same rules as everybody else.
I don't know how to navigate this at all.

Has anybody ever heard of this?

---

being self-insured doesn't mean they don't have to follow state laws regulating workers comp or are outside of the legal system.

the only exception would be federal or military related employment but they have rules as well and they can be taken to court--just a different one.

texas is the only state that allows employers not to have workers comp insurance.

without more information on your employer's insurance or their "special plan" I can't offer any insight as to how benefits are handled or disputes resolved.

It's not military and I'm pretty sure not federal. yes, I'm that naive.

can you tell me how to know if they fall under federal?

For example, when I read TN workers comp law it says I must be offered a panel of doctors to choose from. My employer said their plan doesn't have to offer me that.
Right now i just need guidance from attorney to make sure I'm handling steps right in case it does end up in court but not one wants anything to do with it because of employer. I'm not trying to end up in court though. I just want to get better and work.

can you tell me what "different" court would be?

I really appreciate all the input

[1171]

if you were a government employee you'd probably know it; most are covered by civil service rules.
these include ports and shipping employments, Coal Miners and Black Lung program, Division of Energy employment, Seamen.
RailRoad workers also have special work comp coverages.
appeals for federal claims are made to Employees Compensation Appeals Board.

another possibility would be Tribal laws. Most Casinos and other related business on Native American lands are not subject to state jurisdiction for many laws including workers compensation.

In Tennessee if your employer has less then 5 employees or you are engaged in farm labor, there is an exemption from having to have comp insurance.

I'm very surprised you weren't given basic information about work injury coverage at the time you were hired or injured that would identify the special program and its benefits and rules.

the only other resource I can offer you to find out more about your employers exemption from state work comp laws is: The Tennessee Department of Labor and Workforce Development's Workers' Compensation Division can be contacted at 1-800-332-COMP (2667) (TDD) or 615-532-4812.

for those exempt from comp coverage, you are dependent on whatever the employer provides and would have to file a civil law suit for any disputes or additional benefits.

[lanna]

(03-14-2012 05:47 PM)1171 Wrote:  if you were a government employee you'd probably know it; most are covered by civil service rules.
these include ports and shipping employments, Coal Miners and Black Lung program, Division of Energy employment, Seamen.
RailRoad workers also have special work comp coverages.
appeals for federal claims are made to Employees Compensation Appeals Board.

another possibility would be Tribal laws. Most Casinos and other related business on Native American lands are not subject to state jurisdiction for many laws including workers compensation.

In Tennessee if your employer has less then 5 employees or you are engaged in farm labor, there is an exemption from having to have comp insurance.

I'm very surprised you weren't given basic information about work injury coverage at the time you were hired or injured that would identify the special program and its benefits and rules.

the only other resource I can offer you to find out more about your employers exemption from state work comp laws is: The Tennessee Department of Labor and Workforce Development's Workers' Compensation Division can be contacted at 1-800-332-COMP (2667) (TDD) or 615-532-4812.

for those exempt from comp coverage, you are dependent on whatever the employer provides and would have to file a civil law suit for any disputes or additional benefits.

I don't fall under any of the examples you gave that would make my employer exempt.

I did get a copy of their injured workers policy and it's very basic information.

It basically says I have to report injury with 24 hours, which I did, and be seen by their work injury doctor by the next business day or emergency hospital if needed, and I did.

I have to follow all recommendations of treating doctor (including return to work even if I say I can't) or my job and pay benefits of 66 2/3% of my income will be terminated.

These benefits will last for two years maximum.

It just doesn't seem possible in comparison to what I've read about TN workers comp law, but since no attorney will have anything to do with them it must be.

I guess I should call the number you gave. I don't know why, but the thought of calling them sends my anxiety through the rough. Like I'll be starting some long daunting ordeal I can't turn back from. But I guess the ordeal has already started really.

I really appreciate your detailed responses.

[1171]

are they hiding their status?
if it's not explained when you are hired and not posted on the employee information board, seems suspecious.
finding out what regulations and rules your employer has to follow is necessary information.
I'd be more uncomfortable not knowing.
you'd have thought the attys you consulted would have explained how your employer was able to escape state laws.