Don’t Get Screwed - Workers Comp Facts EVERYONE Should Know!
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How I First Got Screwed
It’s been nearly a year since the resolution of my workers’ compensation case, and I’m sad to say, I still don’t feel like I’ve had closure, not really. I decided since I can’t afford therapy, I’d better find some other way to heal myself before I go ballistic! I actually had the ideal for this blog last year, and did a post just to kind of test the waters. Unfortunately, even though I’m a former journalism major, and have written on a business level, I’ve never been one for discipline. The ideal of keeping up a daily blog on a regular basis scared me. That would mean I would have to commit to something!
I realized early in life the therapeutic value of journaling (which I guess is a form of blogging). I’ve come to the conclusion, if I don’t commit to blogging, I’m going to need to be committed! So rather than go out and stalk, hunt, and literally take out of commission the people who my displeasure is targeted at, I’m here spilling my guts instead.
Let me try and explain myself. I was previously engaged in a long drawn out worker’s compensation claim that I’d been fighting ever since July 2003. Although the primary part of my case settled fairly early on (with a less than happy outcome), the other issues that remained kept me engrossed in litigation until December 2007! In addition to that, at one point, it became necessary to FIRE MY ATTORNEY and represent myself during the proceedings.
Oddly enough when I began representing myself, I won as many battles as I lost. I wish I had done the leg work I ultimately ended up doing, earlier in my case. If I had known half the information I eventually learned, I would have NEVER hired a lawyer in the first place! In fact, as far as my particular case went, having an attorney is what first got me screwed!
I’ll start at the beginning, but I promise to make it short and sweet. I worked for the County of Los Angeles Department of Children and Family Services. Having been a product of the foster care system as a child myself, I knew firsthand what the consequences of doing your job poorly could mean to a child’s life. A simple piece of misfiled paperwork could actually mean the difference in a child receiving foster care placement. It might represent a voucher for school clothing, or a crucial court date, or a number of other equally important things. That is why I always performed my work with efficiently and with pride.
For some time, I worked alone in a large room full of case files. My job required me to receive, update, and maintain boxes and boxes of files on a daily basis. Many county employees viewed the job as grunt work, and my supervisor had been having a lot of trouble keeping someone in the position before I came. Although it was a laborious job, and I could have later transferred to something less physical, I stayed and did the job that no one else wanted to do. Hardly a day went by that someone didn’t commend me for the new appearance of the fileroom, thanks to me (no more unsightly boxes all over the floors and tables). I made things run much more smoothly for myself, and my coworkers. I personally created an organized system of storing the files that required temporary housing, and my former department uses that system to this day.
I shared the above paragraph with you only to show that my diligence and dedication to my job was something that I put a high value on. My only crime was approaching my job with more energy and enthusiasm than the former employees but unfortunately, that is what led directly to my work related injuries. The daily packing up and breaking down of boxes, coupled with the bundling, taping, lifting, and carrying of cases eventually took a toll on me physically. I also did data entry, so that meant even more repetitious work, which didn't help my condition any. At age 45, I ended up with Carpal Tunnel Syndrome of the right wrist and Median Epicondylitis of the right elbow.
In the beginning, I didn’t have a clue on what to expect from the claim process. I hired an attorney and filed a worker’s compensation claim after a physician diagnosed my symptoms. The doctor took me off work and my employer honored my claim with no dispute. Even though my attorney had a tendency to evade answering some of my direct questions, either verbally or written, I thought the case was progressing okay and there would be a decent financial outcome.
While portions of the worker’s compensation case did go relatively smoothly, there proved to be some snags along the way. The doctors concurred on the type of surgery that I needed, but did not agree on the medical rating, with reference to the percentage of disability. Both the attorneys negotiated and came to a compromise. The only problem was, by the time that the primary part of the case had actually settled (September 2004), there was nothing left of the funds that my attorney had negotiated for me. It had been eaten up when I was paid small monthly checks by the insurance company over the course of time. These meager payments had been sucked up for my living expenses while the case was pending! Imagine my disappointment to find that there would be no lump sum payment, even though the case had settled. To make matters worse, two new areas of dispute arose; the issue of vocational rehabilitation, as well as the matter of an available modified or alternative job position.
Although I am stating very simply the events that occurred, as I now understand them, at the time I didn’t know what the hell was going on. Why? Because I was kept in the dark. My attorney told me only what he wanted me to know, while withholding vital information that I should have been privy to. For example:
1) A primary issue regarding the medical rating had to do with apportionment, or how much of my condition was attributed to the job. Both doctors agreed that the condition was solely job related. If my attorney had not continually rejected my choice to have a hearing on the matter, I believe I would have received a higher rating. Instead he shrugged me off, and managed to manipulate paperwork, and get around my decision not to settle.
2) While he was representing me, there came a point when I was so financially strapped that I was in danger of having my car repossessed. My doctor had already determined my condition to be at a Permanent and Stationary stage (which meant no future change in my condition was expected, so a rating could be determined). This would mean a transition in the type of benefits to be paid. I started receiving small permanent disability payments, however, they weren’t enough to save my car from being repossessed. If my attorney had informed me that I could have requested a lump sum of my permanent disability, based on my financial hardship, instead of small monthly stipends, I wouldn’t have lost my car.
That situation, as well as others, began to make my blood boil! You would think that at the top of the list of my grievances would be the ruthless insurance company. But not so. Given the nature of insurance companies, plus the fact that they’re representing the opposing party, it’s almost understandable that they would behave in the way that they do. What’s not understandable, and makes me sick to my stomach is the fact that I got screwed not just by someone that I trusted, but by someone I actually had to pay! I know now that I should have followed my instincts about my attorney and dropped him sooner. I fault myself for that. I’ll never forgive myself for being so blind and totally relying on someone else to look out for my best interest. Represented or not, it pays to know as much about a situation as you possibly can. At the very least, learning the right questions to ask can mean a world of difference!
Well that’s my story in a nutshell, and that’s the reason for my new daily blog: “Don’t Get Screwed…” I will try to use this blog to keep my sanity, but more importantly, to inform others, and help them see why it’s important to NEVER leave anything to chance.
If you’d like to learn more about the California workers compensation claims process, and what happens when an injured worker files a claim, go check out my SPECIAL REPORT entitled:
“Don’t Get Screwed on A Worker’s Comp Claim!” Injured Workers Guide
It’s a 10-page Web Document I created full of vital facts for anyone involved in OR thinking about filing a worker’s compensation claim. Be Smart! Know Your Workers’ Comp Rights BEFORE You Need them.
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Comments
I was alerted to your site through another party. They felt my story was similar. I am sorry for your situation. I know how you feel. My site is www.renter-rescue.com. It was very bad.
I am in similar situation and I want to fire my attorney but I just don't know what to say or do next. How do I fire my attorney and where do I go next.
In 2005 I got my left hand caught in a meat tenderizer, where it completely crushed my ring and middle finfgers. Anyway due to the pain form the ring finger I could not hold onto a job so for 2 years I have barely worked. I went to court, had a lawyer, and the court awarded me TTD of 7,000 only! I have been told by all I am getting screwed!! Just 2- 3 weeks ago I had to have my ring finger removed, so I can possibly go back to work. My lawyer is extremely difficult to get ahold of, and well I don't know what to do? Get a new lawyer, go back to court, I have no one who can help me. Bascially ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh lol
Ruth - How much did your attorney get off your settlement ? How much were your doctor bills ? and future medical care estimated into your case ? Can you find a legal Malpractice Attorney ?
I have had a similar problem here in Virginia..My lawyer lied to me on several issues and failed to file one of my injuries with the workamsn comp commission. By the way i had 2 injuries.my initial injury being post traumatic carpal tunnel which is now a permaenant disabily and about 3 months after i injured my shoulder while on light duty thanks to my employer. Anyways..I fired my lawyer..what to do now..many lawyers refused the case ..they say they don't want to clean up another lawyers mess. Whats the alternatives if i can't get another lawyer to take the case?? Thats just the very very short version of the issue thanks
That is so much the truth all the way to feeling like a fool, I just fired my second WCA and am kicking myself for not doing it sooner, fact is I owe the Insurance CO. an apoligy. He made appointments with Doctors I have already seen two months down the road. He instructed me to surppress critical info that could have settled my case months ago. His biggest concern was to get the Insurance CO. Attorney off the case. I had reports from QME AME's that didn't have my diagnosis or prognosis yet, "3 months shy". All the tough jokes about Attorneys aren't jokes, a Workers Comp Attorney is the same as a person trying to become a Doctor and winds up as a VET. It needs a complete overhaul at the least.
I lost my workers comp hearing and my lawyer not to bother to appeal because no one ever win! Workers comp lawyers suck! HELP!
How do you fired an attorney and take over your own case? I was injured on my job aslo. I have an torn ligement in my leg. i seen 2 doctors and one claim i was to old for the surgery, which im 41 years old, the other claim he not correcting it...My MRI cleary states i have an torn leigment in my leg. my knee hurts and leg, all the time. my lawyer is selling me out. she wanted me to settle my case.. i told her what about my leg? lawyers only look out for their best interest not yours...How would i go about firing my lawyer and handling my own case...
Humm I am scared when hearing all this ... I have had 2 surgy on my right shoulder .. i have heal well but the next put of my case is a settlement and i dont know how this will work out for me i am about to lose everything....
i am curently going through the same kind of problems with my workers comp lawyer she is not helping me i am having to do all of the footwork the insurance co. stopped sending me my checks and i will be homeless in two weeks.
I hope the soldiers will be proud of how I spend MY American Freedom, they proudly gave me.
Hope the Constitution will someday be written for ALL American's, not just the rich.
WE need to establish 'real' punishments for 'dirty' attorneys.
I hope the soldiers will be proud of how I spend MY American Freedom, they proudly gave me.
Hope the Constitution will someday be written for ALL American's, not just the rich.
WE need to establish 'real' punishments for 'dirty' attorneys.
http://townhall.com/columnists/KenConnor/2008/05/0
This is interesting. Law Suit Reform and the right to trail. You might wish to post on their site under the article.
The trouble is not with attorneys per se, it is more the w/c system which is undeniably and entirely owned by business interests. Under workers comp you have no right to a jury trial, ex post facto laws are not prohibited; aka Arnold da vorst, and your equal protection rights are nil. There is no rule of law when it comes to w/c. In a very absolute way, w/c actually controls your attorney, the doctors who treat you, the voc rehab counselors (now defunct under arnold) down to the judge that decides your case/fate.
If prisoners at Gitmo obtain access to U.S courts via habeas corpus, that will place injured workers throughout the country below terrorists when it comes to the justice system. Hang in there now, the terrorist are likely to have more favorable outcomes in their trials, than you will in the w/c system, and all you did was to have the temerity of getting injured on the job. It became this way throughout the U.S. probably before your parents were born. There is no incentive in the w/c system for your attorney to do a good job for you. There simply isn't. In fact, it is just the opposite. Your attorney will likely receive not one cent more for your case if it lasts five years instead of two. The best thing your attorney can do for you as a client is obtain an accurate disability rating for you as quickly as possible, but you can depend on the defense attorney to screw you there. Defense attorneys are paid very well to starve you into submission. You may be wondering if i have any experience in this area. The answer is yes! I entered the system a few months after George Bush took office and my case just recently settled. Now that may not seem so bad, but it was the first George Bush to which I refer, and the Russians were in the process of pulling out of Afghanistan. Did you even know the Russians were ever in there? I am sure that there are attorneys out there who will fight for you, however they are not likely to be found in a large firm. I will give the name of one who I wished I had substituted in before is was too late. I will write more if anybody is interested plus possible remedies. I am not sure of how much room this space will allow. If you want to hear more, please ask. My sympathies to those of you who seem to be out of hope. Realize that this system is designed to make you fail, and the insurance company a lot of money. Guess what? Under Arnold the vorst, the w/c industry is back in to record profits. I have a lot of info I could impart but I would like to first see if anybody is interested. This is the first time i have ever done this. Thanks is deserved by the host of this site. I have found that the best people on the planet, are those, who after having faced disaster, try to inform others in the hope of saving them from the grief. Thank you charmbakerk DM
Hello all, I could write for hrs. on my W.C case.Talk about being frustrated I am for sure my W.C. case has been going on since 4/2004. I applied for disability with social security and lost first decision and hired a lawyer just for the appeal and won in Oct.2008 the best part of that system the lawyer doesnt get a dime unless they win and there is a cap of $5,300.00.Look at workers comp. lawyers they keep getting paid no matter what they accomplish what a disgrace. Still trying to get a lump sum settlement with no success, go figure I get S.S permently disabled and cant get my W.C lawyer to get this settled.It seems from what I have read on this site most all injured workers are in the same system of corruption to just be treated fairly in a timely manor.I only see reaching our politions for help in restructuring this system set up for companys and lawyers. Sorry for my spelling errors
I have really been inspired by all the post on this blog. I'm at an hopeless state and you have all been great in assuring me that the system is just what I had said it was. What's so funny is that I was reading other things and came across this psychiatrist who of course is just one of those folks trying to collect from injured folks just like everyone else. I found that in his online article that he suggest many injured worker's have some underlying psychological problem that keep them from recovering and gaining meaningful employment after an injury. Further, he suggest that employers spend way more medical dollars and invest more money in the system for 10% of the the worker's that are in this position, when 90% will recover and cooperate with the system and save the employer tons of money.
Now with that said who side do you think he's on. See what I have a real problem with is that you get injured on the job yet everything that has gone wrong in your life do to the injury at their workplace is your fault or some other underlying condition whether physical or mental. When in fact you were doing just fine while working and getting paid for your time. Then they go into this person just doesn;t want to work or unsatisfied with the job.
In the meantime, corruption is being played out all around you even the doctors treating who are supposedly on your side. For example, there is only a couple of doctors in michigan that support w/c however when you get your explanation of benefits from the insurance company you see numerous charges for things that wasn't done that is not mere dollars and cents but hundreds and thousands.
You would think that as much corruption you observe that changes would be done to this level of justice. For the guy who suggests that he would like to share more please do so, we are all in the same boat or have been in the same boat and anything you can share will be greatly appreciated for what I have gained so far from reading has done a great deal.
Thanks
Im really scared..I got hurt in an auto accident, driving a company car on company time. I went to two W/C doctors, both insisting I could go back to work..Im getting numbness in both arms and hands, and excruciating headaches, from whiplash, so I at the advice of a family member went to a doctor out side W/C MPN, ( its my body, and I have to live with the pain and fear), so now Im concerned that I will lose my job, because this doctor deamed me unable to return to work at this time, and I filed for state disability, I want to return to work with full capacity, but Im afraid that wont be possible because of going outside MPN, plus I plan on getting an attorney for a PI case, for the person that hit me, it was their fault. Do I have reason to be afraid?
E-mail Address: vahids@earthlink.net I’m sending you a copy of the e-mail which I send to the white house few days ago, do you have any legal advise or do you know any one who be able to take this case?To whom it may concern:The purpose of this letter is to inform you of the injustice which I have surfed and still suffering from, while working for FedEx Corporation, on July of 2006 I was attacked and injured on the FedEx property by another FedEx employee and once I report the attack to the FedEx management I was the one who was fired from my job and I was denied of medical tension. It all started a week earlier my self an another FedEx employee name Bobby wore working on the Packages for the city of Chandler/AZ he was standing up stairs behind the conveyor belt pushing down the packages to me so I can place them in the container for the city of chandler, by accident Bobby push down a package meant for a different city, once I realized his mistake I picked up the package and asked him “Bobby can you catch this” (that is what every one at that FedEx facility dose, since he was standing only five feet away they would simply throw him back the package, after asking him to catch it) and Bobby’s answer was “yes, go ahead and throw back the package” but Bobby failed to catch the package and it simply went by him, but the package did not hit Bobby in any way. That is when I told Bobby I’m sorry; you said you will catch the package.He did not respond to my comment instead he stood their staring at me; I just simply went back to work. That is when it all started, Bobby decided to retaliate by continually throwing packages right by my face and at the scanner and knocking it on the ground, and I continued ignoring him I was thinking by ignoring him he will simply stop, instead a week after it all started, Bobby managed to land around ten pound package on my face at full force, it was like getting hit by a base ball bat my mouth started to bleed and I was in extreme pain, that is when I got so upset and asked Bobby “what the F--- is your problem, you have been throwing packages at me for a week now” and Bobbies response was shut the F---up and go back to work. After the attack I went upstairs and told a FedEx manger name Bob what had happened and my face was hurting and my mouth was bleeding and I need a doctor. After discussing the attack with the Top FedEx management Bob decided to give me a letter, because after being attacked and injured by Bobby I asked him what the F--- is your problem? which would been my third letter (keep in mind I received the first letter for being two minutes late to work and the second letter for being one minute late to work) which resulted in termination of my employment at FedEx, even know according to Bob FedEx management had a choice not to give me a letter, they could simply talk to Both my self and Bobby and send us both back to work. Instead I was fired and denied of medical tension and Bobby who attacked and injured me went back to his job at FedEx Corporation. I also had a small voice recorder with me and I recorded my conversation with Bob FedEx manger about the incident, I can prove everything Bob said in this case. Even know at first FedEx attorney wrote my self and the court that the attack never took place and Bobby never did anything wrong in this case I managed to figure out from the FedEx attorney own writing that the attack did take place, that is when FedEx attorney decided to come clean and send me a letter admitting that the attack took place on FedEx property by a FedEx employee name Bobby, and Bobby used profanity at me. I believe that I have been discriminated against by the FedEx management because of my Ethnic background, since the decision to discriminate against me and getting me fire from FedEx and deny me of medical tension came from upper FedEx management and not just Bob. I decided to file a compliant with EEOC only two days after I was fired from FedEx. After months of investigating the EEOC decided that there is nothing they can do about the attack and the fact that I was injured as result of the attack, and the case was dismissed from EEOC. That is when I decided to take my case to court, Located at Sandra Day O’Connor U.S. courthouse, Suite 130, 401 W. Washington ST, SPC-1 Phoenix/AZ 85003-2118. Since I could not afford attorney I had no choice but to represent my self in court. It took me almost a year to convince the court that I did not make enough money to pay the court fee up front. Finally I got my case to court and on 3/3/09 I received a letter from the court that my case has been dismissed from court. In the letter the court has ignored the fact that I’m the one who has been attacked on the FedEx Property and injured by a FedEx employee and denied of medical tension and still living with injury since I don’t have medical insurance and I can’t pay the thousands of dollars of medical bills out of my own pocket to see a doctor, and recently I was layoff from work so I don’t even have a job at this moment. The court has also ignored the fact that right after being fired from FedEx I contacted EEOC and made a compliant, instead the court has decided to take the FedEx side and claims what FedEx management did in this case is fine and FedEx has granted fair treatment. Even know I never throw any packages at Bobby to retaliate against his attack or harm him in any way, both FedEx and the court is calming that I throw packages at Bobby.I wish some one in this world would explain to me how in the world is it possible that I have received fair treatment in this case, when I was the one who was attacked injured and denied of medical tension fired from my job and still living with injury? And after discriminating against me the FedEx Corporation became the good guys in this case? Really some one explains in to me???The fact is I’m not getting justice in the state of Arizona that is why I have bright my case to the federal government. The FedEx Corporation dose not care about my pain and suffering the Arizona EEOC dose not care about my pain and suffering and the Arizona court System dose not case about my pain and suffering and I don’t have any money to see a doctor or to hire attorney to seek justice for me, is their anything that the federal government can do for me in this case? If the federal government is not welling or capable of providing any of assistance I will have no choice but to explain my case to the governments of other countries, civil rights groups and people around the world ask them for legal assistance, I will explain to them that the U.S. government is not welling or has no power over the FedEx Corporation and in America because of the economy I have became so poor that I can not afford legal assistance or see a doctor. Out of 6.5 billion people around the world some one must be welling hear me out and understand my pain and be cable of giving legal assistance in this case. The fact is, they no laws in the state of Arizona which claims after being attack the victim must not make any comments to the attacker or else the victim will be consider as the bad guy. The fact is FedEx management has discriminated against me in this case. Thank you for your time, and looking forward to your assistance.Vahid
I was injured at work, (store manager for Petco) A customer dropped a shopping cart on me. I fractured my hip and torn leg ligaments. I was terminated from my position 3 days after it happend (I was in the hospital) because my General manager did not know how to sign an incident report. Petco's workers compenstaion insurance stated I had no benefits and would have to sue the coustomer. Since, I was denied Workers Comp--I have been attempting to obtain CA disability per my physician's (Ortho specialist) suggestions. Now CA disablity states I am not qualified because this is a workers comp claim...
YOUR PAGE ISNT SHOWING UP CAN YOU EMAIL ME YOUR PAPGE HASANILEE@GMAIL.COM
Your problem... you want something for nothing. Why would expect any finanacial outcome. It's people like you that abuse the system. You chose to lift boxes and type all day. A former journalism major, but never written professionally. That says that you're lazy and NOT commited to do anything well. You screwed yourself.
GREETINGS TO EVERONE
I'm Charm, the author of this hub. I wrote it over a year or so ago, and have since opened a new hub account, so I have NO IDEAL how to edit or modify this page (can't find account details)
FOR ANYONE INTERESTED: I have published the complete details pertaining to the points mentioned in the above article. I's sorry for the people I was not able to get back to, but perhaps this 10-part article series can help. Please visit:
I think everyone of you need to get in touch with SLAPPEY AND SADD of atlanta Ga. Don't be lazy look up the number in the phone book. Atleast they will be honest with you, and tell you whether or not your case is going anywhere.
you guys are just mad because we make the rules starve let us keep all the bonuses good we pay your doctors to write bad reports about you in our favor and if they want we simply dont hire them we just hire an ime for about 1500-5000 a day to deny your claim and to send you to work so the employer can fire you so you cant claim again or we hit you with fraud ha its all a game of cops in robbers were the cops trying to find a reason to shut you down we get bonuses upon denying claims big fat checks so we do everything in our power we can to not pay
Vivian Ritzen says:
2 years ago
I was alerted to your site through another party. They felt my story was similar. I am sorry for your situation. I know how you feel.