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#1 |
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Junior Member
Join Date: Jan 2006
Posts: 13
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Texas Workmans comp
I'm going to vent so get ready!!My husband is a T12 complete.It happened at work on a drilling rig.A stair case fellon my husband Stacey,it weighed 3 Tons!! It happened on 12-13-03.Every since then we have had to fight with workmans comp for nearly everything.Currently after 2 years
the law states that they have to change Stacey's benefits.Stacey had to go for an impairment rating.The appt.was made with Stacey's Dr. that is certified foe this with Texas workmans comp.In the mean time they have cut the money part of his benefits $640 a month.until this is taken car of. So on the 26 of Dec.we went for the impairment rating.The Dr gave him a 78% rating.then they said that the Dr. didn't state in his report that Stacey was permantly disabled forever!! So on 1-11 The Dr revised his report to include this statement.So then on the same day the ins.Co. said they didn't want to except the impairment rating because it was such a high rating and that Stacey was his patient .SOOO now they want to get the rating reviewed with another Dr.That is qualified to give impairment ratings.In the meantime we are suffering qualified.This has been going on for over a month.They have all of Stacey's medical records.I want them to tell me if their has been anybody that got up out of their wheel chair and walked after their spinal cord was severed!!!The Bastards are driving me crazy!!!These people are nuts I'm so sick to death of this.there is no end in site to all of this bullshit!!
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#2 |
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Senior Member
Join Date: Jul 2003
Location: Pennsylvania
Posts: 1,733
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This is frightening stuff, workers comp.
I'm in Pennsylvania, so I can't comment on Texas WC other than to deliver the message that hopefully you've already had. Get the best lawyer you can. |
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#3 |
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Senior Member
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Most everyone thinks that if you are a work comp case you have everything you need. It is a fight for everything. They are like any other ins company. Red tape and all. Takes forever for anything and they can pull benefits until u comply completely to what they want. Every move made is watched.
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#4 |
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Senior Member
Join Date: Jun 2005
Location: Garden on the Green, Indiana
Posts: 1,109
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I say if his doctor is certified with TWC. What's the beef?
They want another opinion, then what....another opinion til they get the report they are looking for...meanwhile cutting his bene's by $640 til this is done, or they get the report they want. Sounds like one big delay tactic to me. Meanwhile you have to live, pay your regular bills and the mounting medical bills. I think I'd sit down and jot a detailed letter with a (timeline) included to your local politico' reps and see if they can find out what's going on and perhaps light a fire somewhere. Just my 2 cents worth! Queen
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Your life is what you make it, and only you have that choice! |
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#5 |
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Junior Member
Join Date: Jan 2006
Posts: 13
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Yes we do have a good atty.We have a law suit pending in Fed court.
against the trucking responsible.It's just so amazing to me that the workers comp people can legally get away with doing this to people. These states weren't built on Ins.CO. and big business they were built on ordinary men and women's backs and literally to my husband's back!! The States protect the Ins.CO and Big money Co. while literally men get the shaft!!My husband went to work 1 day for an hourly wage to support our family and didn't come home the same way I sent him!!! The husband I have now is in pain,is sick,is tired all the time he cry's. And will never walk again.We have lost things I didn't know you could lose. If these people think (Ins.CO) they can throw my husband away like trash,they have another thing coming.I think they are gambling on that if they wear us down we will except any settlement they offer.Well we have nothing to loseeven if we end up homeless we are not going to except what to them is a settlement.Texas workmans comp is going to know who i am even if I have to take Stacey to the Stacy manisonand park him on the steps!!!!!!!!!!!
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#6 |
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Junior Member
Join Date: Jan 2006
Posts: 13
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Govenor 's manison is what I ment Not Stacey's manison!!
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#7 |
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Senior Member
Join Date: Dec 2001
Location: New Castle, PA
Posts: 306
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Just from our experience: First of all, you have to be your own advocate. Research what you can on your own. Complain to people, because if you don't, they will play games. There is an agency we got in contact with, Occupational Resource Specialist, Inc. here in PA. They are something like a subcontractor for the worker's comp, but pretty much pull strings for the injured worker. Once we got thru them, things started to happen pretty fast to compare to before that.
I can't believe they are trying to say your husband is only 78% disabled!!! Hubby never had to go to one of "their" doctors, but our situation was different. We had to "fight" for the worker's comp. They were not arguing his medical situation, his employer was just trying to get out of the claim all together (thru bunch of lies). Beaurocracy - read Worker's comp - is exactly what it is. You will have to cut thru lots of red tape. It takes time, but do your research, press on your lawyer and things will get done. Good luck! ;-) |
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#8 |
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Moderator
Join Date: Jul 2001
Location: USA
Posts: 41,304
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Do you have a good worker's comp attorney (not the same as your personal injury attorney)? This is a very specialized field, and I would not attempt to be only my own advocate in WC.
Keep in mind also that every state WC program is different, and federal WC is different still. (KLD) |
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#9 |
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Senior Member
Join Date: Dec 2002
Location: ny
Posts: 5,674
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workers comp is really employers protection, you lose the right to lose the employer if you are injured, you only get what that states has enacted as law. hopefuly you can pursue the third party suit
every state is different, get a good WC lawyer, hopefully you have received SSDI already. this is a good article on texas workers comp problems http://www.fwweekly.com/content.asp?article=3528 there was a cave in locally yestrddy, luckily the worker lived, the fine for not having a properly shored excavation is $2000,, chaeper to pay the fines than make the workplace safe from death
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mikepiedellonskye cauda equina Last edited by metronycguy; 01-13-2006 at 11:43 PM. |
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