Please Read - Working Man's Advice

[Mike46]

Hello to all – I have worked at factories for over 25 years. 3 years at a non union plant and 21 years at a union plant. I can tell you that union plant offers more involvement with workers as far as representing you when you are meetings with the company and also working with the company to promote safety programs that benefit both the company and the workers. I am new to this web site but so far what I have seen is a lot of advice from people who seem to be more involved in giving you information based on there role as a company representative. The company or employer never has your best interest in mind when dealing with WC. There are too many other people involved like the WC carrier and the insurance companies not to mention the corporate lawyers who will be giving advice to your HR department or WC carrier on how to handle your case. The main goal of the Company or Employer is to get out of paying any bills or giving you a fair settlement on your WC case. They will drag out the time it takes to handle the case and hope that you get tired of waiting on a resolution or they may just deny all bills and wait you out until you can't afford to pay all the health cost you may have built up over time, then you have the health care providers calling you wanting payment also. They may low ball you with an offer just to drop the case which at this time may sound good because you may or may not be at work and need money. This gets them out of paying for the medical bills and any settlement you may be entitled to. My advice as a worker who understands what many of you may be going through is to immediately contact a WC Attorney you will offer you free consultation on your case, you can choose to talk to more than one, most WC attorneys know the laws which vary from state to state and can advise you on simple things like Do you have to treat with the company doctor, in some states you may have to but not all so if that's the case why would you want to treat with the company doctor you know who they are working for and its not you. You need to find out all your rights from your lawyer on your state WC laws and also any OSHA violation your Employer may be liable for in your injury.
If you are called into meeting about your case and you don't have a union take your own notes dates, times, people attending and what is said, they may not like the fact that you are doing that, if need be take mental notes and write them down as soon as you can. All this information you keep records of may help you down the road if you end up in WC court. Relay all information to your attorney if you get one and once you do the company should be talking to your attorney not you. Don't except any calls at home from WC carrier or any one else involved in your case there is a time and place for investigations and the phone with a recorder on the other end is not the time. Politely ask them to set up a meeting with you at work or at your lawyer's office and ask them not to call your home again. I hope that out of this post you may have learned or want to find out more information on how to handle your case. I have been out there working like many of you and injured on the job I know its not easy dealing with WC so my advice to you is only be careful and protect yourself, contact an attorney as fast as you can open the phone book, and also learn the laws of your state check the internet for state laws on WC. Last of all be very careful if you are going to take any advice from someone on a post that reflects the attitude and approach of being a company representative or HR manager.

Good luck on your cases, I wish you all well and hope that those injured workers know that someone out here does care about you.

 

[Erica_Matzker]

"help"!!

HELLO, I read and copied your advice and it is just like my case, but my case is worse. I am fighting my own attorneys. I have a former attorney and was recommended to his freind. This is my w.c. case that has been going on for four years now. I have a feeling that my former attorney was bought off at the mediation that took place in 04 at the w.c. office. Funny thing, I was told to stay home that day and listen for the phone, I did. At the end of the day I called him, and he said they only offered $6,000.00 because they said I tried to purchase some drugs to a police officer, "Not True"! Then a couple of days later I receive a letter asking where was I during mediation? said to him that he said for me to stay home. I thought that was strange coming from an atttorney. After that I did not hear from him up until a week before my hearing, I received a letter in the mail that he could no longer repre. me, he was overloaded and he recommend me to another attorney a freind of his that is also a w.c. att. that I should pursue with my case etc. "I did" That morning I was a little late, and my former attorney was just sneaking out not wanting the judge to see him. So at the hearing we withdrew the case again because of my new attorney. They offered me $10,000.00 and I turned it down because surgery for a herniated disc is $35,000.00 alone. Their Corp. Attorney said smart lady. So my att. says to me in 8mo. we will go for $45,000.00. I said o.k. Well, yea sure, 8mo. later I find that we are just barely turning in the application for a hearing, When I asked for my copies, it look like a six year old put it together, in my eyes it did not look like it should be sent, I questioned it, and it seem like nobody was listening, my attorney said sure it can be sent. I said o.k. Well, they sent it back alright, this time I had sixty days to return it right. I just cannot see a proffesional attorney to say it was o.k. Where it says: Employee Name: and then Employers Name: They had my name and her name not the w.c. or corporations name, It look like I was sueing her one on one, so after we get it right I asked are you going to fax these off? He said yes, this is the helper that I never met before, so I get my copies without the attorneys sig. on it. So, I go back the next day and picked up the signed ones. A week later I called the labor and asked if they received my application yet? She said no. I asked could I go ahead and fax them myself? And she yes. So, I did and did not say anything, a week later they call and asked how do U feel about $20,000.00? I said no. After we received a response from the labor. Now we are to answer a discovery and interregattories. Well, the 45th day has passed since the 25th late! for some reason I don't think these are going to be sent! For the first time 2 fridays ago, we talked about my case he was saying that I don't have a case, I said what do you mean? Well, there is a summery made by them and they said that the Dr. wrote on the future part. Not likely any! I said I will have to have the Dr. fix that. He did. with this summery I filled it out like the first one and he signed it, I made a boo boo on it and used whiteout. Well, when I took to him he said that we cannot use it because of the whiteout, I said fine I will go get another one. Then I said to him I will need the original back please, I had to fight to get it back. I did get it but he wrote on it in blue ink cannot use, no big deal as long as I had the original I was happy, so I got another one, and this time I made a copy first, but my attorney wanted to see me to let me know that they honored $20,000.00 I said to him yea but now that you have the updated summery we have a case, we can get more, he said no, that I will lose at the trial. You see when the results came back the Dr. said I am looking at surgery that I have a herniated disc. I have three choices I could start with an epidural or injection or surgery. So, what the Dr. did was, he recommended an epidural first, I did. In the mean time there was an appt. set for me to see the surgion I never knew this till later. W.C. threw it out and made me an appt, with their Dr. But, while I was there for the epidural. the Dr. came out and said W.C. called and said not to do it!! So he gave me a shot to block the nerves. So, I was givin the appt. place and time to go see their Dr. I was first told that if I did not make it to this appt. that I will lose my benifits. Funny thing they gave me the wrong address. but I found it. When I received the results on this one I remember what I read. This one is saying there is nothing wrong with me. Then I was denied. Then I discovered a strange thing also was when my former att. and I were getting things together was I remember leaving those results with him, and the next thing he sends me to go pick up my medical records at another att's office. These results have someone else on page 3 in the middle , it was tampered with, So, where I stand is no more Dr's for now. Just an M.R.I. and a surgeion. My attorney was wanting me to see if Rehab would pay for it but they can not. I think w.c. is suppose to pay for it. But, they refuse to. All I want to do is get fixed. My hearing is set for June. I just keep thinking they did not turn my application in. I think that they were so so so sure I was going to take that $10. and after that there will not be a case.Now, I feel that if I turn this $20, down that the discoveries will never be sent. It seems I am trying not to lose my case and they are. I have an appt. Mon. Please, can you help me with this what do I do?
P/S I remember hearing my former att. on the phone saying starting at $75,

Thank You for Your Time;
and Your Advise;
Whitebird

 

[Mike46]

Erica

Sorry I am getting back to you so late, it's been awhile since I have been on this site, and I didn't know people were still reading my thread. I hope that by now you have fired your attorney and found one that wants to work for you. It sounds like you are getting screwed around by not only the company and the WC attorneys but by your own attorney also. Please update me on how you are doing, and how your case is going. Check your WC laws in the state you are in and get as much information about them as you can. If you feel that you have not been given good advice from an attorney find one that wants to work for you!!! Hopefully they are working on a commission so if they don't get you a settlement and your surgery paid for by WC then they should not be getting paid either, I would not be giving any attorney an hourly fee, most will work for there % after the case has been settled. I am far from being an attorney but I can give you simple advice from a simple man, unlike the Company you work for and their WC attorney's and adjusters, insurance companies, and maybe even your own attorney, I can say that I truly feel for you the injured worker, I wish you the best of luck and hope that you receive the health care you need and are fairly compensated for your injury.