Workers Comp Help
Back Injury To A Tractor Trailer Driver
I was hurt on Aug 06, 2001. I am a tractor trailer driver and picked up my load as usual and all loads are sealed so I cannot open the trailer door until the store manager at the first store breaks the seal. I delivered in Florida and the manager broke the seal and I tried to open the trailer door which was stuck, the manager tried and he could not open it so I try to pry it open with a piece of wood from a pallet with no luck.
I had to open the door no choice in the matter so I found a larger u shape metal bar and jumped up and came down on it with my arms ( no dock at this delivery) I than had to do this all day long at 6 stops total and help unload the truck some had regular docks which I needed to pull up with all my might to pry them open from the dock floor. I was hurting, drove about 150 miles and could not go any further stopped to sleep and woke up in so much pain I could barely move.
I called work they said to go to the hospital. Well I only live 950 miles away so my fiancé was with me and he drove us back (he is also a tractor trailer driver and was out for a hernia operation and was due to go back to work the following week). I got to the yard and went to turn in my paper work and could not get up out of the seat for quite awhile it was so painful.
They sent me to there doctor near work. He said back strain/muscle strain off work status. In a few days I was no better he recommended Physical Therapy which was not helping it was hurting. He than sent me for a MRI 2 bulging discs which they said nothing was wrong with me. I could read the report myself. More Physical Therapy more pain in the upper part of my back which was the case from the beginning Extreme pain in the upper back and no one would check it out. Workmans Comp. started paying me about 4 weeks after I was off than on Oct. 18th they said I did not make a doctors appt. I was to go to. Which I was never informed of and they said I was being over paid. So here I am still no money coming in and it is now Dec 28th 2001.
Lawyer requested a court hearing in the beginning of Nov and still no court date in the mean time I went to a local doctor instead of work doctor which was 1 hour away my lawyer said it would be okay to do this and happened to recommend the doctor I am going to) and my doctor said no work and sent me to physical therapy and he also x-rayed and did an MRI on my upper back area between the shoulder blades down. They cannot find anything wrong in that area however it is the worse pain I experience. Now my doctor wants me to go to a spine specialist in January which I will gladly go. I want to find out what is wrong with me. Now my insurance company will not cover any medical bills they say it is workmans comp's responsibility. I cannot go to Physical Therapy anymore for now because bills are not being paid. The insurance Company also retracted payment for other bills that were paid.
Workmans Comp/Lumberton insurance also have not paid all the medical bills that they were to pay even before they knocked me off. Now my insurance company which is Blue Cross and Blue Shield are telling me to go to my auto insurance since I was hurt working on the trailer door to open and it was attached to a motor vehicle.
My auto insurance has said they would pay me up to 80% of what workmans comp did not pay of my wages for each month until I have reached 5000.00 but not more than 1000.00 a month which means I will get a few dollars for a few months and than 1000.00 and month until I have reached 5000.00 which is the bodily injury coverage on my policy and they will not cover my medical. See I live in Pennsylvania and that is how our auto insurance works. But worked out of Maryland and have to deal with Maryland's Workers Comp. I do not know really what to say about Workmans Comp since Lumberton Alliance is the one responsible for putting me thru this and yet they are allowed to get away with it.
I am a divorced mother with two children one in college and one at home both of which I need to feed and cloth and support. I have borrowed so much money so far I am in debt up to and over my eyes. I have sold so many of my belongings on ebay to get money to pay this incredible debt. I have even sold trees from my property and cannot get an emergency court hearing because I have not had cut off notices as yet and/or foreclosure on my home. This is sad everything I have worked for is going going gone.... For what because I worked hard each day and made a good living for my children and myself to be slapped down because I was hurt for someone's neglect on our equipment.
Then I hear from these letters I have read that I have more to look forward to. Well, the best part of this all is Lumberton sent me to a doctor about 2 hours away from my home and the doctor came in the room and said "I understand you suffer from depression" I was like excuse me? I said I am here for my back he said he was not told of my back only that I suffered with depression I asked where he got that from and he said his notes say I am on an anti depressant. I said yes sir I do take anti depressants and yes in the past I have suffered with depression that is why I take the medication so I do not have to suffer with it. Than he gave me a quick exam with few questions about what was bothering me and said he was going to look at the MRI's I had brought with me and he was back in the room in 3 mins. or less. He said I hope you feel better and sent me on my way.
Three weeks later my attorney received his report and I was floored at his response to my exam he said he saw no reason for me to be on physical therapy or any other type of therapy and he felt and he could not restrict this patient from her normal work activity. He also said if indeed the diagnosis of muscular strain is correct, I believe the patient should be considered at this time having reached maximal medical improvement.
He also goes on to state that "She is a very pleasant lady, but the records do indicate that she has been troubled in the past with depression and it is possible that some of these symptoms may have a functional component to them. I was flabbergasted when I read this here I am a very capable women worked hard all of my life and whatever depression I may have had in the past has been years ago and never ,never has it affected my working ability. I feel this guy should not even be allowed to practice medicine if he can base his opinion on 10 mins max. with me in his office with very few questions concerning my back pain. That my dear would depress anyone along with all these terrible financial positions they have put me in.
I will do anything I can to help anyone in my position and to try to help clean up this mess of a system. I said I was no longer in Physical therapy and can honestly say I feel no worse or better so my guess it is not working anyway. I guess when I fell down my basement steps because my leg/knee gave way means I am just fine it is all in my head. I will not let them do this to me Just remember one thing as hard as it is to do.
"One's dignity may be assaulted, vandalized and cruelly mocked, but Cannot be taken away unless it is Surrendered" - Michael J. Fox