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| *Ostroff, Fair and Company>>>Law & Legal |
Has anyone eles tried to deal with work comp with success? |
I fell at work two years ago. Badly damaged my knee in the fall. The company MD told me that I had no case and it was just brusied. After a year of PT and 2 scopes, I have been told that the injury has left the knee with permanent damage. I ripped the PLC and cartilage; also damaged the patella and tendons in back of knee. I have been on several different meds WC is pushing to get Maximum Medical Improvement issued so they can wash their hands. They do not want to fix it. I was a very active person before this happened. Now I cannot go for more than 30-45 minutes of walking before I need to ice down. The only thing they want to do is put a band aid on the problem. I want it fixed. Since this injury happened on a part time job, I have been told that if pain meds help with pain management then they are done. I am still able to work but not in the same capacity as before. All I have wanted out of this is to fix it not to be given durgs to make the pain go away. I am generally on the side of business, but I will tell you the other side of the story. There are lawyers out there that specialize in the employee side of WC cases. They have doctors who also specialize in this. I think these people are sleeze balls, but you need help. Look in the phone book and find an attrorney who specializes in WC cases, or think about the attorney's who advertise on TV about accidental injuries. Call them. They will recommend doctors and therapists who are sympathetic to the employee, whereas the physicians you have seen so far have been sympathetic to the employer. The WC insurance company will yield because the alternative is a long drawn out procedure that they will probably loose. Most state WC commissions are on the side of the employee and not the employer (been there, done that). Keep in mind that the WC company will keep a close eye on you. They will want their physician to see you almost as much as you see your own doctor. If they think you are faking the injury, they will hire a private investigator to watch you day and night. The sleeze ball attorney will advise you and probably not charge too much because they will look to get their fee out of the settlement. If you cannot find an attorney through the phone book, take the time to go to the WC commission hearings. Take note of the lawyers representing employees. Talk to them. Get an attorney ASAP. What they haven't told you is that since it's been over 180 days since the date of injury, you have medical control of the injury. That means that you can see a doctor of your choosing. They are trying to close the claim quickly because it has been open for so long and is making their open caseload stats look bad. Good luck. |
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