Should I be concerned? Work and workers' comp related.

Shadowfire

So I have an injury from work, tendonitis in my right wrist. It seems pretty severe, but then it's pain in my own hand so what do I know. I've been to physical therapy now for almost two months, and just had an EMG and nerve conduction done (result: no compression, so not a carpal tunnel thing), and they've concluded that I need to continue the therapy for now.

Work is not happy, and there are a few things that are making me nervous:

- The company's worker's comp. insurance company switched from one company to another in December. These two companies are passing the buck back and forth about who is covering what. My physical therapist is being remarkably calm about the situation, but if these companies don't start paying I'm going to have to. I know, "document it all and keep the receipts," but I'm concerned about getting to that point.

- The amount of attitude I've been receiving from management is astounding. The heaving and sighing over my work limitations is kind of crazy, but when they outright ask me to do things that I'm not supposed to be doing (like lifting large items and moving them around), the tone they use when I say "hey, I can't do that, what else can I do to help?" is just mind-blowing. One of the managers in the store actually said "sometimes people just need to suck it up. It can't be that bad."

- They asked me for an update today on my restrictions. I don't really take issue with this, they need to plan ahead and that's fine. But my doctor's been on vacation (until tomorrow), so he hasn't looked over the test results from Monday yet. They are firm, they need an update today. Obviously I couldn't give them anything beyond "no changes as of yet, the restrictions stand." They are not amused.

Am I looking at all this wrong? Concerned for no reason? Or should I continue documenting everything and gearing up for a fight? Things at the company have not been going well the year as it is, and I'm concerned I'm going to shift quickly to "find any reason at all to fire this asshole" status.

Dark Raven X

What does your job normally entail? Is there anything else you can do in place of your usual stuff, sort of a role change to lighten the load on your hand while you recover?

Shadowfire

That would have been smart to put in the OP I suppose. I'm a low-rung manager at a grocery store, and about 50-70% of my day is interacting with customers and employees while I'm bagging. The tendonitis flares up consistently when I'm making bagging motions. I've been doing bookkeeping for the store instead which is a job that normally one of the two checkout managers does once a week. I've been doing it five days a week... there's really not a whole lot else I can be doing at the store.

Thanatos

First thing is first: you should start looking for another job right away. They are going to try to fire you, and it's going to be much easier for you to find a job while you're still employed, and not being asked why you were fired.

On the insurance thing: do you have health insurance through work? You may want to look into having your physio bill your health insurance. You can tell your health insurance that the injury was work-related, and they should be willing to subrogate the claim (which is to say they go after the workers comp insurance companies to get them to pay up, and takes the trouble away from you).

Shadowfire

I have been looking for a new job for unrelated reasons (unhappiness/boredom at the current job, nervousness over the possibility of another 50+ mile transfer). As everyone here knows the economy is pretty terrible, and jobs are kind of a premium. I spent almost my whole day off Tuesday applying, though, and I'm still looking.

I have insurance, and my doctor, the physical therapist, and the neurology office who did my EMG all have that information. If workers comp after all this time decides to decline my claim that at least is on there so they'll be taken care of partly (although that's a whole other issue, one that I'd lawyer up for). That still leaves me with at least one massive bill, though, should the insurance be charged and I need to pay the deductibles.

DrAllecon

I deal with a significant number of worker's comp patients/cases. Nearly all of them that aren't resolved quickly (a sprained ankle, a small cut, etc) have wound up requiring a lawyer on your side. It's very common for comp carriers, especially if there's more than one involved, to simply start denying everything (meds, doctor's visits, treatments, etc).

I'm not saying you're at that stage yet, but with work grumbling that badly, and with your comp carriers passing the buck back and forth, I'm saying you should consider getting a comp lawyer, and sooner rather than later. Most will work based on commission, and frankly comp insurance is notorious for trying to steamroll people into having the case dropped.

Make sure you follow all instructions from both comp and your doctor, or they can use that as an excuse to drop your case.

If work is trying to get you to do things that are clearly restricted, make sure to NOT do them, and document all times they try. If you make your injury worse by doing things that you've been specifically told not to do, not only do you risk injuring yourself further (or delaying your recovery time), but you risk comp denying further treatment based on not following instructions. (Eventually, they'll likely be found responsible to cover it, but they can delay treatment/payment for months and years in court).

Incidentally, since it's already been established that it's a comp case, your regular health insurance will NOT start taking care of things. They will pass the buck (in this case rightfully) back to the comp carrier, so that's a dead end.

Regarding your work demanding updates, refer them to your doctor's office directly. I'm assuming you have documentation outlining your restrictions, so if they want it updated and they're being inflexible, just say "I have to follow these restrictions for now, as soon as my doctor updates them I'll let you know what they are. If you want, contact my doctor yourself." -- you might not necessarily want to give work permission to contact your doctor's office directly since they're already being jackholes about it, but your work contract may include that they have a right to do so in cases of work injuries and if that's true, better they hear it from the doctor's office directly than you. If they don't have that right based on your hiring contract then ignore this paragraph.

Good luck, and keep us posted.

schuss

Also - what state are you in? Every state has different statutes around WC.

Shadowfire

DrAllecon: there is the little clause in all of the documents regarding workers comp at every doctor's visit I've made that says they can release the information to my employer. I'm trying to be as civilized as possible and get the information myself, but if it keeps up I'll do like you said.

I've also been trying to be firm with them regarding their asking me to do things that I'm not supposed to do. They do it when I'm around others, of course, which then leaves me either just doing it, or feeling like a dick in front of co-workers by saying "no, can't help lift that, sorry." I know they'll back me up, but there's still that voice in the back of my head telling me I should be helping them and they know it. Otherwise, good info. Thank you.

schuss: I live in Vermont, but my job is in New Hampshire, so the laws all fall there.


The outlook you folks are describing is pretty grim, but I think I knew that already. I'll be redoubling my efforts to find another job, and just documenting the shit out of this. Is finding a lawyer a bit premature at this point? I know they're being dickish, but while I am still dependent on this job I don't want to rock the boat so much that I find I'm out of work.

Skoal Cat

It is not bad to get a lawyer before you're fucked. In fact, id say that's a good thing.

DrAllecon

Shadowfire wrote:

DrAllecon: there is the little clause in all of the documents regarding workers comp at every doctor's visit I've made that says they can release the information to my employer. I'm trying to be as civilized as possible and get the information myself, but if it keeps up I'll do like you said.

I've also been trying to be firm with them regarding their asking me to do things that I'm not supposed to do. They do it when I'm around others, of course, which then leaves me either just doing it, or feeling like a dick in front of co-workers by saying "no, can't help lift that, sorry." I know they'll back me up, but there's still that voice in the back of my head telling me I should be helping them and they know it. Otherwise, good info. Thank you.

The outlook you folks are describing is pretty grim, but I think I knew that already. I'll be redoubling my efforts to find another job, and just documenting the shit out of this. Is finding a lawyer a bit premature at this point? I know they're being dickish, but while I am still dependent on this job I don't want to rock the boat so much that I find I'm out of work.

Sadly, they count on that "feeling like a dick" sensation. Because you're a nice guy, it's hard to say no, but just remember even your friends aren't going to feed your family if you worsen your injury and can't work at all for an extended period (and your bosses will have you replaced without batting an eye). Do your best to practice the phrase "sorry, doctor's orders," maybe followed up with "but what else can I do for you instead (that doesn't violate my restrictions)?" if you're feeling awkward about it.

I'm glad you're looking for a new position, and continue to document like there's no tomorrow.

Frankly, after looking at your OP again today, I think getting a lawyer now is a good idea. Irrespective of how dickish some of your bosses are being, just to make sure that you're not on the hook for medical expenses would make seeking out a lawyer now sensible. That way, if it really hits the fan, you're not scrambling for one after receiving a bunch of bills that the two comp agencies dump on you when they're done playing "monkey in the middle."

Besides, getting a comp lawyer really doesn't affect your bosses (or the company) in any way. The lawyer is to protect you health-related bills-wise. Your lawyer will go after the comp company to pay the bills that arose from your injury. That's what your bosses are paying comp to do, and your bosses are not affected by this at all. (In fact, they pay for comp insurance for just this scenario so they and the company don't have to pay for medical expenses of injured workers.)

tl:dr - protect yourself, keep documenting everything, getting a lawyer now is a good idea.

psyck0

Shadow, on the physical therapy side of things, there is emerging evidence that having dextrose injections into the tendons can really help with tendinopathy . It sounds like this is taking a while for you to recover, so that is something you could ask your doctor or physio about. I have no idea what it costs, but it's just sugar water and lidocain so it shouldn't be too expensive.

SilverEternity

Most workers' comp attorneys (at least in Michigan) don't charge an attorney fee unless they "win" the case and have free consultations, it is probably worth while just to make an appointment with one and get some advice.

Shadowfire

I'm going to find an attorney in the area tomorrow, I think (about the only day I'll have time). Thanks for the advice so far, folks. I'll update when I find out more, or if anything else happens.