Workers Comp Help
Food Service Worker Trips At Work
I live in NY, and got hurt in 1995, mind you I worked 2 jobs before I was injured. I got hurt one night at my second job since my boss was short handed and wouldn't let anyone go home. I had to stay and do duties that I was not required to do. as I was helping out, My foot got caught under a defective mat and I fell to the floor unable to break my fall for I had a tray filled with glassware on it and my hands were interlocked in the tray.
My boss just stood there looking and didn't even try to help me up. My co-workers came running over to help though my boss was arguing "She's ok". How would she know? She didn't even ask... anyway that was the beginning. the next morning I couldn't move out of bed.
I had to wait until that Monday to go to my doctor to be checked out. all with workers comp was fine. though my boss in denial, wouldn't give me any workers compensation information nor the name of the insurance carrier. So hobbling in I found out where the corporate office was and called them directly. They told me there was no workers comp accident filed. So they must have called my boss who called me yelling at me that I shouldn't have gone over her head.
A few days later she tried to get me back to work. I tried explaining that I couldn't move. She suggested several jobs. Then I got an attorney. All ceased. Then the fun began. I complained my back , knees and neck were bothering me for close to a year and the insurance carrier would not authorize an MRI, well I got a cat scan and there it was in black and white I have a herniated disc. For months after that and then finally a trial, we got the authorization for an MRI.
Phase 2 now that we found damage to my discs and neck, we now need an EMG test. another 1 1/2 years go by, (in the mean time I have gone completely insane from not being "normal" being around people, socializing, frustrated from the pain and what the insurance carrier was doing in denying everything we requested, I thought the workers comp system was suppose to work for the employee to get them back to work quickly) Well that hasn't happened. So finally we got the authorization for the EMG, and guess what? There is nerve damage which was causing the radiating pain down my legs from my back. Everything is in black and white and I still get lost in this system due to the attorneys and carrier.
After the EMG results the insurance carrier and doctors (whores for the insurance company and very physically abusive) say "nothing wrong with her , go back to work" Mind you I use a cane, now would anyone want an unstable walking woman to serve them hot coffee?????? I didn't think so. I have had IME doctors (which I suggest you record your visits, I learned to do that) push my back down- wards, inflicting pain, say in depositions that if I were there patient they wouldn't send me for an MRI, refuse to examine me when I would say "easy".
I had one doctor from Huntington, NY throw up his hands and say " I see what's going on here" and walk out of the room. I yelled that he come back and proved to him there was a problem and he continued in his report to state "nothing wrong" mind you he took one of his patients before me and told her " oh you can live a few extra days with the pain" now this was his own patient. Why are these people allowed to practice. What happen to the medical oath?
So the fight goes on and on, until about 6 years into my case when I find specialists in the fields of my injuries who can blow away the reports from the whores that the insurance carrier sent me to.
After another 6 months of fighting, I begged the judge for back surgery. again the insurance carrier wanted to wait til the discogram came back with solid proof of what needed to be done and of course that would be another year of suffering on my part for having to wait til they scheduled another date. (comp needs a very bad over haul, its a system gone wrong) but as I was saying to my surprise, the judge denied the insurance carrier the delay and said " the doctor will decide if he needs to do the surgery or not, I don't think he would do it if she don't need it). Finally an answer to my prayers.
So I had the surgery, It went well I must say, but I am still fighting the carrier now for my knees. Still crippling me up, I have a wonderful knee specialist who wants to try" synvisc" for some relief and wouldn't you know if , they wont authorize it. Now if I can only get a hearing and plead to the judge again, just maybe I can look at living again. But right now , there is no living, just pain and suffering, a lot of crying and anger. I must tell you there are abusers of the system and boy have I seen them and heard them in the courtrooms (they leave the doors open) and how frustrating it is for them to get away with what they do and the ones who need to be helped pay the price.
The shocker, I was 28 years old when I got hurt. I had my whole life ahead of me. A future to look forward to and it came crashing down in an instant. I am now approaching 9 years fighting and I have learned you have to be pro active in what your need and don't even worry if you step on your attorneys toes doing it. They are there to assist you in the law, but you are still fighting for yourself. You are the only one that can truly help yourself get what you need. My case is not a money issue, mine is a physical health issue and I fight everyday for what I need.