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HELP!!!!!!!!!!!!!!!!! I have no where to turn (workmans comp)

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Posted 7/30/2007 10:52 AM (GMT 0)
My son had an accident July 31 2006 he had a comercial water heater land on him breaking his foot and pushing his stomache up into his chest. He started retching before we got him home from hospital could not eat or drink,cause he could not get it down.we went back to the doctors  they did xrays said they did not see anything but gas, they thought maybe it was from pain meds . he went like this for over two weeks before they finally did MRI and seen this . they said he had large hiatal hernia 6 cm . they sent him for surgery  but  he has been retching scince the accident. He had a nissan wrap back in 1999 for reflux. he had not had any stomache problems after that. we have been to many doctors  they say now he has cyclic vomiting. son is 22 this has been nightmare. they had him seeing pych.  pych has said just because medical doctors can not find reason does not mean this is not a medical problem but now he has severe depression. Pych had been trying to help him thru this and was doing a lot of good but workmans comp cut him off the end of June saying this was a pre exisiting problem from when he was young. So now with no insurance he has not been back to pych with not being able to work and no insurance, dont know what to do .  He was able to do construction work scinse he was 16<!-- Edit -->
Posted 7/30/2007 6:17 PM (GMT 0)
HI Wendy- sorry you have to be here!  However, you'd be better off calling your local ER or crisis center to find out resources for (for Psych. Tx.) for people with no insurance.  Also, in MA, we have what's called Mass. Rehabilitation Commission, which has several branches that employ vocatinal rehabilitation counselors for people just like your son- who either need help in getting back to work or re-training in another field. In MA, you do not need ins. for this as it is state funded.  Also, many times community health centers offer comprehensive medical tx. and often some psych. tx. for low or no cost.  - sometimes you have to travel. In MA there are several in the larger and smaller cities- they receive state and grant money- but if you live a few mins. away, you'd have to drive there.  Has your son had a full medical workup? It does not sound like it.  For his GI issues, you may want to try the GI forums here- there is one for IBS, one for Crohn's and one for Ulcerative Colitis. Good luck. 

Posted 7/30/2007 7:34 PM (GMT 0)
Wendy616:
get prepared for a fight. Sorry to say it but I have been through this nightmare myself.

First off, try to find a FREE local rep for worker's comp. I don't know what state you are in, but in my home state they have "worker's comp" reps to help if you don't have the money. Call the State govt office in your state and ask them. This will at least let the insurance co covering the injury know you and your son are serious and will not except that diagnosis. DON"T SIGN ANYTHING!!

They use the "pre-existing" thing all the time. I have 3 herniated discs in my neck, that the insurance co and the dr they sent me to (their dr in other words) said was "degenerative disc disease" and I "always had it" etc etc, and they said "we can't do nothin, quit your job". And be without benefits/unemployment because I quit. The doctor that finally diagnosed me correctly AND the lawyer I had to eventually get, both said "they must have a stamp with deg. disc disease on it because that's what they tell everyone". They are hoping you will just give up and go away. DON'T GIVE UP. Even if your son had a pre-existing condition worker's comp laws cover the fact that his JOB made it worse or flare up. So the pre-existing thing is again, to try to get you to GIVE UP.

You may need to get a lawyer eventually. My state has laws to protect how much the lawyer can collect and that he can only collect if you "win". In other words he can't take it out of you if he loses your case.

Document EVERYTHING> phone calls, who you spoke with, when, etc etc. ALL bills, prescriptions etc. If you are having trouble with paying dr bills, call the dr/hosp and explain it is worker's comp. That way they usually have to wait until the case is settled before they can try to get any money out of you. They will bug the insurance co first, not you.

I hope this helps a little I am at work and a bit swamped today or I would write more.

Just remember:

1. No job should hurt you. EVER. ( I had a lot of guilt/depression over not being "Strong enough" to take the pain while I was working.) Your son is not weak or bad - which may be what his depression is telling him. I had to learn this the hard way, luckily I had a great doc who explained all this to me. They are not paying you to hurt, they are paying you to work.

2. Don't give up. It is so hard and tiring and frustrating. But that is what the insurance co is hoping, that they will wear you out over time.

3. You are fighting the insurance co, NOT the former boss/co/etc. I know it may seem to your son that he causing trouble for a place he may?? have been very happy working for, but he is fighting with the insurance co., not his place of employment. Thats' why they have insurance. But the insurance co just sees a number.

Good luck to your son, I hope this has helped a little

He is worth it!
Posted 7/30/2007 8:03 PM (GMT 0)
We live in Mn i have been trying to find out as much as possible , about the laws here, had my son get an attorny but they say it can be up to six months before he can get results. in the mean time his depression worsens. his Pych called him the other day to see why he had not been coming in. he talked to him at length. son was so happy to hear from him
Posted 7/30/2007 8:47 PM (GMT 0)
Wendy I don't know if this will encourage or discourage you but it took me FOUR YEARS to get mine resolved. Of course part of that was I let the ins co. doctor tell me how to care for myself before I got a good doc. and I let the insurance co push me around.

Please please please tell your son to keep seeing the psych/counselor, he needs to talk to someone about this! At least to get it out. I was nearly suicidal when I first lost my job over this (loss of job plus constant pain and headaches) , he really needs professional help if he is depressed and it's perfectly "normal" to be upset/depressed over this! Worker's comp dealings can make you feel like nothing but a number, a cog in the wheel. And it will help him (and you) keep fighting. Tell him I said he's worth it!

I'll try to find some information for you when I get a chance. I'll look through my 1000 plus pages to see if I can find what the official title for the worker's comp rep is and see if there is something similar in MN. Thats' Minnesota right?

thinking of you and your son :)
Posted 7/30/2007 10:03 PM (GMT 0)
Thankyou very much these last few days ive been at my wits end. I have read over medical reports over and over i did find when my son had a MRI for his back in 2005 there was no mention of a hiatal hernia, but the one he had done in Aug 2006 after the acident listed all his back injury as well as the large Hernia with his stomache entirely in it . My son has had many injuries over the yrs but this is the hardest cause they cant figure it out . hes had broken arm , broken Collar bone, foot, 2 broken bones in back, had whoopping cough . and the reflux problem . thats why when they say he doesnt handle things well I think he does amazing he has never tried to get out of work with any other injuries and he hates not being able to work, he has worked with his dad in construction scince he was a young child , and this has been a way of life for him now he cant do any of the things he has always looked forward too.
Posted 7/31/2007 5:25 AM (GMT 0)

Wendy,

I am so glad that your son's psychiatrist called him.  He definitely needs to get him to see him.  Have him write a letter to worker's comp regarding what all of this is doing to his mental health as well.

Unfortunately, you may need an attorney.  I hope not.  I think you will get some more responses from folks who have dealt with workers comp.

Take care!

Carla

Posted 7/31/2007 1:05 PM (GMT 0)
Hi Wendy

I went through my paperwork ...they are called advocates. My advocate was a lawyer who worked for the state (and hence for the public). I am sure there must be someone like that in Minn. I wish I could help you more but I don't know much about the law etc in your state. You should be able to get some info as I mentioned before from the state govt.

Again please don't give up. And please encourage your son to keep seeing his psych. Whatever happens with the worker's comp, he really needs and DESERVES the help of a professional. Worker's comp is a nightmare as you said and the whole process could depress anyone. He really needs someone to help him through these "life changes" and the frustration of trying to figure out what to do.

It is so good that he has a caring mother who is there for him. He is lucky to have such a loving parent. :-)

Good luck to you both. I am so sorry that you both have to deal with this.

And to try to encourage you both, my worker's comp case was a long drawn out nightmare BUT I persevered, won my case and in the end, the loss of my job helped me decide to go back to school and I now have a college degree. I am certain that there are good things waiting for your son too.

Take care both of you :)
Posted 7/31/2007 2:09 PM (GMT 0)
I will continue to search out resorces and try to find some gov medical assistance for him will see what happens thanks again for the encouragement i trid some chat rooms but everyone thought it was a downer guess they think its better left not talking about but if you dont you bust at seams . Anotherday, and Godess bless you both
Posted 8/27/2007 1:35 PM (GMT 0)
Well we hired a Lawyer son lost first round with the telephone coference with judge. our lawyer was not able to get any of the doctors to say  what happened to son was due to the accident most of the doctors did not even reply back to our lawyer. how do you get  medical doctors or phycs. to help on your behalf. why are they all so scared of workmans comp and they do not want to get involved. I wish they understood this is  a young guy age 22 that does not know where to turn or what to do. i am at wits end on this we are also trying to get medical help through county we live in but they say this can take up until Oct. Lawyer says he has to get back to doctors soon as possible any advice would sure help
Posted 8/30/2007 11:49 AM (GMT 0)
Wendy
Is this a workman's comp lawyer? Or a General practice lawyer?
Most workman's comp lawyers know how the system works,and alot do not charge fees unless the client wins.
They also usually have their own doctors because they know that the company doctors work for the company and will basically do what the company wants.

If this is not a workman's comp lawyer I would drop him and get someone else fast.



Shy
Posted 8/30/2007 11:22 PM (GMT 0)
this is a workmans comp lawyer. but i am not sure that she has much experience. she has said she wans him to see their doctors, not the ones he has been seeing. my son is looking worse as time is going by. I see his eyes changing with the anger and frustration. taking him to family doctor tomorrow until we can get him in somewhere else.this has just been the most terrible yr.
Posted 8/31/2007 12:00 AM (GMT 0)
I would also call the Department of Insurance which you will be able to find in your phone book or Google it with your state's initials right after it.  I would file a complaint with them also since it was so apparent that it was a work related injury and not pre-existing.  If would be interesting if the Dept of Insurance went in and did an audit of their accounts and saw how many claims they deny that way.  They could be fined big time if they are not following the correct coding guidelines.

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