Another WORKMAN'S COMP question - URGENT, but not scary

by GentlyFeral 7 Replies latest jw friends

• 

  GentlyFeral

  JGnat and everybody, thanks for your advice and help!

  • I discovered that it's fairly common for California lawyers to take Workman's Comp cases on contingency.
  • I've emailed several local lawyers, explaining my situation in some detail. I intend to set up consultations ASAP.

  However, that claims adjuster alerted someone who works with Disability Management in HR. She (the HR lady) wants to set a time and date to discuss "the resolution of your claim" which "would allow you to control your medical treatment." Ha ha.

  All right, I'm going to stall her as long as I can (I doubt I can get away with more than a week), but I just need to know:

  When I tell Ms. HR that I can't possibly see her before the end of the month, do I also say "I'm seeking legal advice"?

  Gently Feral
• 

  exjdub

  Gently Feral,

  It sounds to me like they want to settle, however now is the time to be extra cautious. Neither the insurance adjuster, nor the HR person, has your best interests in mind. Their job is to get you off of WC any way they can and for the least amount of money. They don't care if you work again and they don't care about your future...no matter how nice and caring they appear to be. Part of the game is getting you to meet without representation.

  I seem to recall that you started your WC thread about 3 weeks ago and I mentioned then that you needed an attorney. Please take my comments not as criticism, but rather as concern: You should have had this done by now. I cannot stress this enough. Finding a WC attorney, especially at the stage you are at, should not have taken more than a week.

  I could be wrong, but I don't think e-mailing a bunch of attorneys hoping one picks your case up is the way to do it. You need to find out who the top law firm in your area is. Call them. Ask if they handle WC cases. If they do, tell them you are in an emergency and need representation immediately. If the receptionist says they cannot meet with you immediately (and by immediately I mean a couple of days) then ask to speak with the attorney and ask her/him what you should say to the HR person until they are able to meet with you. Generally they will give you a little advice so that you can hold things off for a bit. If the top law firm does not handle WC, ask them who they would recommend. Whatever you do get a good attorney immediately...don't let another week go by.

  If you are unable to get an attorney within a week I don't think you will have any choice but to tell the HR person that you are seeking representation. One of the games of WC, at least it was in my area, is that you have to clearly be "cooperative". When you delay meeting with the claims people without a good reason they have the nasty habit of branding you "uncooperative", which gives them ammo to cut off your benefits. You need to be as sweet, kind, but assertive as you can be. The HR lady is not going to be thrilled that you are looking for representation, but that is because she will know she is in for a difficult time.

  Right now the HR lady and the claims adjuster are licking their chops because they have a rabbit that is unprotected and vulnerable. Don't be a rabbit, be a fox. Get an attorney. By the way, did I mention that you need an attorney immediately?

  exjdub (who is very concerned for you right now)

  Ps: I forgot to mention: Please get an attorney immediately.
• 

  jeanniebeanz

  Ladies,

  These are outrageous things to say and I am greatly offended. I am a Benefits and HR Manager. My job in this situation is to make sure that you are taken care of and that the company treats you fairly, not block treatment or wish you harm in any way. Good grief... Grow up!

  Jean

  **********************************

  Gently Feral,

  It sounds to me like they want to settle, however now is the time to be extra cautious. Neither the insurance adjuster, nor the HR person, has your best interests in mind. Their job is to get you off of WC any way they can and for the least amount of money. They don't care if you work again and they don't care about your future...no matter how nice and caring they appear to be. Part of the game is getting you to meet without representation.

  I seem to recall that you started your WC thread about 3 weeks ago and I mentioned then that you needed an attorney. Please take my comments not as criticism, but rather as concern: You should have had this done by now. I cannot stress this enough. Finding a WC attorney, especially at the stage you are at, should not have taken more than a week.

  I could be wrong, but I don't think e-mailing a bunch of attorneys hoping one picks your case up is the way to do it. You need to find out who the top law firm in your area is. Call them. Ask if they handle WC cases. If they do, tell them you are in an emergency and need representation immediately. If the receptionist says they cannot meet with you immediately (and by immediately I mean a couple of days) then ask to speak with the attorney and ask her/him what you should say to the HR person until they are able to meet with you. Generally they will give you a little advice so that you can hold things off for a bit. If the top law firm does not handle WC, ask them who they would recommend. Whatever you do get a good attorney immediately...don't let another week go by.

  If you are unable to get an attorney within a week I don't think you will have any choice but to tell the HR person that you are seeking representation. One of the games of WC, at least it was in my area, is that you have to clearly be "cooperative". When you delay meeting with the claims people without a good reason they have the nasty habit of branding you "uncooperative", which gives them ammo to cut off your benefits. You need to be as sweet, kind, but assertive as you can be. The HR lady is not going to be thrilled that you are looking for representation, but that is because she will know she is in for a difficult time.

  Right now the HR lady and the claims adjuster are licking their chops because they have a rabbit that is unprotected and vulnerable. Don't be a rabbit, be a fox. Get an attorney. By the way, did I mention that you need an attorney immediately?

  exjdub (who is very concerned for you right now)

  Ps: I forgot to mention: Please get an attorney immediately.
• 

  Doubting Bro

  Gently Feral,

  I've read your first post on the subject and now this one. I would say that because you mentioned a non-industrial (or non-work related) injury, albeit by error, the claims adjustor should do exactly what they did. WC is a huge fraud area for the insurance industry (I work in the industry) and is subject to a fair amount of abuse. Not saying that you're trying to abuse it, just that's what automatically comes to the adjustor's mind.

  I agree with exjdub, you need to lawyer up immediately. The settlement amount went down as soon as you said non-industrial. I don't live or transact business in CA, so I can't make any plaintiff lawyer recommendations.

  I also agree with Jean. Many HR managers do try to be fair and helpful. Its not in their best interest from a company morale standpoint to treat people who have been injuried on the job poorly, especially in a tight labor market.
• 

  exjdub

  These are outrageous things to say and I am greatly offended. I am a Benefits and HR Manager. My job in this situation is to make sure that you are taken care of and that the company treats you fairly , not block treatment or wish you harm in any way. Good grief... Grow up!

  Jean,

  I owe you an apology. I am sorry that I made a genarlized sweeping statement. It was wrong of me and I should have clarified a little before stepping into that one. You can probably tell that this is a sensitive area for me, which is why I am now trying to remove my foot from my mouth.

  I was speaking from my experience and I should have said so. They are most certainly not outrageous things to say and I challenge your statement. I have never been hunted down and mistreated the way I was by the HR person, my supervisor, as well as the claims adjuster in connection with my WC accident. I have a very bad taste in my mouth from it. I will further say that although you may be the exception, I have found HR people, in general, to not be "for the employee". An HR person's function, although presumably to help the employee, quickly turns into an adversarial position and one in which is not neutral when the company applies pressure on HR. Again, this has been my experience on many occasions, so much so that I will not approach HR at any company for anything other than insurance billing issues, etc.

  You can tell me to "grow up" for something I have experienced, but I would ask you to open your eyes and try to be neutral. How long would you have a job if you truly were to "make sure that you are taken care of and that the company treats you fairly , not block treatment or wish you harm in any way." ???

  If you can tell me honestly that Gently Feral would fare as well without an attorney as she would with one when sitting down for settlement...I will eat my hat. It just ain't so.

  exjdub
• 

  GentlyFeral

  DoubtingBro,

  because you mentioned a non-industrial (or non-work related) injury, albeit by error, the claims adjustor should do exactly what they did.

  Let me reiterate that I did not raise the subject of a non-industrial injury. It was the insurance adjuster who brought up the term "non-industrial," and I only acquiesced because I was not changing physicians - which was her first question. I'm beginning to feel like this was a bit of entrapment!

  exjdub,

  I have never been hunted down and mistreated the way I was by the HR person, my supervisor, as well as the claims adjuster in connection with my WC accident.

  It hasn't been that bad - yet; but I'm still recovering from three years of the most abusive boss I have ever had. She's long gone now, but I still have a tendency to want to cower in the dark.

  Furthermore, when the original injury first occurred,

  • I had no clear idea of what "Workman's Comp" was.
  • I had no idea of what "contingency basis" meant, except that it was something lawyers were not supposed to do.
  • I discovered fairly quickly that Legal Aid (at least locally) does not handle Workman's Comp cases.

  So, basically, as far as I understood, I had NO WAY to get legal help!

  exjdub, not to show you any disrespect, but it's only since I discovered that working on contingency is not unheard-of among Workman's Comp lawyers that your advice of last week made any sense to me. I do have a few thousand dollars in the bank, but I've been hanging onto it like grim death - it is the closest thing I have to a retirement account. Working half-time, I'm not even making enough money to participate in my company's retirement plan and still eat & pay the rent.

  I will call the county Bar Association on Monday (Martin Luther King Day). If they're not open that day, I'll stay home from work Tuesday morning and chase this thing down.

  g ently feral
• 

  free2beme

  I got hurt at work once, with my shoulder. I kept going to the doctor to get treatment with massages and so on. One day I got a call and they wanted to send me a check for $20,000 to go away. I took it, my shoulder feels fine now. So I felt I got a $20,000 whiners bonus.
• 

  jeanniebeanz

  To clarify...

  Gently needs an attorney especially since the issue has been clouded by the revelation of a non work related complication. If she does this, she'll look guilty and it will complicate the working relationship, but she's already done so by saying something that sounded suspicious.

  However... My issue was with the portrait you were painting of an entire group of well meaning professionals who do have people's best interests at heart. Certainly, our job is to also investigate fraud, but it is not to stand by like some blood thirsty vulture hoping to harm an innocent woman. It was an offensive thing to say and I stand by my own experience in the field that this is a group of people who want to resolve issues with compassion and not malice.

  Hope this serves to clarify my stand.

  Jean