Work related injury from old job, what do I do at new job?

[apen]

I have a desk job and needless to say my wrist, arm and sholder HURT very bad. I was on workers comp at a job I worked at from 2001 to 2005 (started WC in 2004), when I left I got a notice that they dropped my case even though I was in the middle of treatment.

Since then I have been trying to deal with it but everyday it hurts, my middle finger has been swollen since 2005 to the point where I can't even make a fist and now my index finger is starting to swell also.

I called my personal health insurance company yesterday and made an appointment to see my primary care physician but not for three weeks. They of course asked if this was work related and I said yes and explained the situation.

My H said I should tell my current job (I have been at since Dec 2006) about it and go on their workers comp. I don't really want to do that because this is an issue I have been dealing with since 2004 and I don't think it's fair that they should have to pay. Yes my current work conditions have been making my injury worse but does that justify me going on their workers comp for treatment?

I don't want them to be mad at me and I did not tell them about it when I started (nor did they ask) because I thought I could deal with it.

I am really worried about what this will do to me in the long run (if it's this bad and I am only 25). I am an artist and want to make that my career but I am worried my injury, if left untreated, will prevent that.

What should I do?

[kate]

A few questions:
1. What state are you in? Each state has different laws.
2. When was your last treatment for this injury?
3. When you say they dropped your case in the middle of treatment, what do you mean? Who dropped it? How were you notified? WHat reason was given?

[apen]

kate Wrote:A few questions:
1. What state are you in? Each state has different laws.
2. When was your last treatment for this injury?
3. When you say they dropped your case in the middle of treatment, what do you mean? Who dropped it? How were you notified? WHat reason was given?

1. I am in California.
2. In around May of 2005.
3. I told them I got a new job and they sent me a letter (which I still have) that they would not continue treatment, when I called them they said sorry. I was dropped by their WC company, I gues their insurance company. I worked for an Indian Casino and they have different rules they get to follow so I was told there was nothing I could do.

[kate]

Sorry I can't help. I did a little research and it is true that Indian Casino's do not have to follow state WC laws.

http://www.library.ca.gov/crb/98/15/98015.pdf Pages 13 and 14

I'm not sure that if you had continuous and ongoing symptoms since 2005 and started the job in 2006 that WC would accept the claim as a new/aggravation injury.

You might want to consult with a WC attorney. Usually the consultation is free.

[kate]

Found this also. http://gov.ca.gov/index.php?/press-release/2862/

Looks like some tribes may have signed agreements to participate in the state WC system. Not sure if that changes anything. Also, its only certain tribes. All of this info is older also. Not sure if it's the current state of the law. That's why I suggest attorney consult.

[apen]

The injury started in 2004 and went until 2006 when I left there. It's aweful that an industry that supports so many people could be able to do this too them. I also hate that while I was there I did pay my state and federal taxes yet some of my state and federal rights were taken away.

[sparkey]

While on this subject, i started getting pain in my left hand now in the wrist. I was told the beginning of my wc injury that i may be getting carpal tunnel in the left hand as well as the old injury of carpal in the right. It has been very painful for the last few days. It had been documented in the doctors notes, and then it went away.

I am right now at MMI and had my rating, and now i am set up with the wc ic co lawyers IME doctor for april 3rd due to having to high of a upper extremity rating. I am afraid to mention this now as it may cause further delay in settlement by needing to go for a EMG etc.

After this IME exam and i see what happens after that, i will be mentioning it to my primary care doctor to set me up for a EMG. I do not know if i can use it as the same injury through that company that i no longer work for. I will be having my medical still open with the settlement in case of problems like this.

What does everyone think is the best thing to do at this point, being so close to settlement? I relax it alot during the day and the pain seems to go away. I am just beginning to feel it now, and afraid it is going to only get worse. Has anyone else haf this happen to them towards the end of settlement? Any info will help. THank you.

[katicabogar]

Sparkey,

At first, I had problems with my right hand only...had surgery, went back to work and started having problem with my left hand, also.

I had to file a new claim for the left, while my right hand was being treated, also. About 8 months later, w/c combined both hands under one claim as my doctor stated, left hand was overused while I was unable to use the right one.

I was not in the process of settlement, so I don't know if you should wait or not, but I know, I ended up having surgeries on the left, also, because I kept working while in severe pain.

Kat

[apen]

katicabogar Wrote:Sparkey,

At first, I had problems with my right hand only...had surgery, went back to work and started having problem with my left hand, also.

I had to file a new claim for the left, while my right hand was being treated, also. About 8 months later, w/c combined both hands under one claim as my doctor stated, left hand was overused while I was unable to use the right one.

I was not in the process of settlement, so I don't know if you should wait or not, but I know, I ended up having surgeries on the left, also, because I kept working while in severe pain.

Kat

I hope I don't come across the wrong way, but Sparky do you mind starting your own thread so that the focus of my question does not get lost. You will also get more help if you have your own thread for people to reply to.

Thanks!