Here is a post that a friend of mine sent to me off another site very interesting on WC.
How Much Longer Do I Have To Suffer Under NYS Workers' Comp. System?
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Hi Everyone! I am new here but not to the Workers Comp system. I have been on it since 2001 when my back blew out! I hate it and when you have a family to raise and your only getting 44.68% of what you made when you could work tells me something is very wrong here! Agree? I am actually here to get a few opinions from ones who have been through the whole process. I probably do not have enough space to write everything so I will try and get to the points. In 2001 I hurt my back a then in 2003 I was terminated from my job because I got hurt on the job in 2001 (this was covered up nicely by my employer and union) In 2003 the Insurance Company told me I had to have back surgery or I will not get paid! So I did and now I am screwed for life because it went bad! I have 5 neurosurgeons plus my chiropractor and PCP and they all say I have a Total Perm. Disability but the last IME doctor the Insurance Company sent me to says I have a Perm. Partial Disability with a marked degree. This quack has lost his license to practice in his home state and has been fined in NYS by the Board of Health and is not suppose to come in contact with his patients! He was late when sending the IME reports to the board and myself! So I just recently went to my last hearing in which I am going to appeal because my Attorney and the Insurance Company figured it is in my best interest to get life time payments with medical and agreed that I have a PPD . What the heck is this? I never had a chance to think it over or even seen this coming! I had walked in and in 5 minutes she has me sign this form and boom it was over. What upsets me is I had told her I want to settle and I told my attorney this in 2004 and she stated I had to wait 2 years and that came and went and I told her again in 2007 and she said it is up to the Insurance Company. I since have done some checking and found out that I could have settled for a lump sum payment. I want to be done with this Insurance Company I am so tired of them running my life and having to have everything approved! It sucks! The way I see it these people owe me big time after robbing me of my life and taking away all the things a normal father should be able to do with his son that I cannot! I had told my attorney I would rather have something to show for it then to have these payments for life and keep living in poverty and having nothing to show for it but pain and being depressed! So my questions I am asking is do you feel I am being screwed by my attorney and the Insurance Company? If so what do I do about it? I just want this over.
I posted this because i-w's have been emailing on their hellish stories dealing with this system. I really don't talk to much on WC it seams like the big area of intrest is SSD cases, NYSRS, attorneys, and my favorite politicians that have screwed up the NYSRS with laws that are hurting the injured worker in this state.
Just want to say something about post #56 after I put it up I probably received twenty-five emails about the NYSRS from people that have been refused their disability pension.
They all have the same scenario to the person in this post. (Give or take a few operations)
They all have been awarded SSD, and WC but the New York State retirement system says there is not a disability. In fact the letter from the state will say, “ It is hereby found that the applicant is not permanently incapacitated for the performance of duties.” It is hereby determined that the application for disability retirement hereby disapproved. Over and over this system has done the same thing that is why it so important to call your area representatives in your voting districts for the laws to be changed in the state social law that blocks i-w from collecting their benefits. You can copy and paste the petition on the first page and fax it in. ( last count is 4125 signed petitions). I remember when I was dealing with this system and I ran into an area politicians aid, so I asked this person what is wrong with this NYSRS I have been jerked around for the last 21 months the response was
OH nobody gets this type of retirement, that told me right there this system is broke.
The post #61 was a post on another site it was probabvly a person that received his work injuries through the private sector job not a person in the nysrs I just wanted to clear that up there was a question one this. The NYSRS cover employees that are state, county, and municipal workers.
Question; Can I represent myself at a WC hearing? I do know some people that went to there first hearing with out an attorney(not a good idea). At the next hearing the law judge told them to retain a attorney. Another question do comp attorneys do SSD cases. I beleive some of the big firms handle
both SSD and WC cases. The firm I delt with handled both my cases but not the same attorney. I do not have many names of comp attornys about three,
but the list for SSD is growing I guess someone must be reading all the posts most in WNY area but a few from the Rochester area. Remember do not wait to file, if your doc tells you are done file asap the wait is almost 22 months. So many people wait to file for what reason who knows.
Last edited by zinger; June 24th, 2008 at 10:50 PM.
I just would like to say I went on this site www.injuredworkersofnewyork.org
it is very helpful. My husband went with an area firm that deals in both wc and ssd cases but it will be handled by two differant attorenys.
" You must give something to your fellow man- even if it's a little thing, do something for others-something for which you get no pay but the privilege of doing it.' AS
Thanks for all the comments from all i-w that I have been in contact with over the past four months remember always fight for what you beleive in and never give up!!!!!!
www.nyworkerscompensationalliance.org
This site was emailed to me it is a very interesting site on WC reform in NEW YORK STATE many links on the left side of the page.
This is the same i-w that was in post #56 looking for his appeal with the
NYSRS. I received this over the weekend from another i-w I was able to track this guy down and told him to forget about the appeal and most attornys won't even bother with the state system. This guy is at witts end with this system, I hear this over and over again.
Re: NYS Disability Retirement
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I have submitted for the appeal, 19 May 08, still haven't heard from them. I realize the odds are against me as I have read the cases on the internet. My injury also is the back. I don't even have a copy of their doctors report, which I have asked for. It is really hard to find a lawyer, especially after the initial denial. What happened with the political route? I am vested and qualified for a service retirement in September of 2009, bet they strecth it out til then. I am amazed that they can sleep at night, I sure can't
Denied: Fighting For Insurance Coverage
Big Response to GMA Gets Answers Story About Cigna Denying Insurance Benefits
I believe this was on Good Morning America last Friday this was sent to me from a person that has been involved with an insurance company like some of the stories that were on GMA Friday. They are taking stories that people have you are told to send yours in to GMA. I am not too sure if it involves i-w but a lot about how the insurance companies are out to get you. Go to the GMA home page and put in, Fighting for Insurance Coverage in the search box at the top of the page and the stories come up.
Since I started this blog about for months ago the things that people have told me whether its about a WC case or a retirement case that involves the state or dealings with insurance companies, the i-w is basically on the short end of the stick. I think we are very much left in the dark about a lot of issues that pertain to the i-w case. But from what I hear the i-w is learning more and more about the cases that they are involved in and asking more and more questions. I think a big part of this is the internet and media
people in general are more informed about every thing that goes on. We call this “The now generation” people want information now and they are not going to wait around for it. This brings me to another point, the i-w is more informed than ever but is that a good thing? I think so the injured worker has been jerked around long enough in this state with laws and laws and more laws and now the internet and the media are information for the i-w. On the other side I would say the insurance companies for one do not like this your employers maybe the NYSRS probably not, politicians not since most are anti labor and they have made the laws. Just a few years ago anybody giving out information about the system would be shut down or the system could make it very difficult for their case. I don’t know how true that is, but now there are so many sites on the Internet about WC, injured workers, attorneys, SSA, and not just in this state. You can find out other states WC laws, injured workers forms, and blogs and more and more sites seem to pop up every week. I am also told if that site were to be shut down a forum people will create there own web site or a group of people will form a web site on that subject. So it seems like information on this subject will be around for a long time unless someone wants to shut the whole internet down. Going back about five years I met a i-w at a pain management group meeting he always had a lot of information on laws with the WC system or information about i-w etc. So I asked him where do you get all this information? He told me he would go to UB law school library and the students that were studying to be comp attorneys would help him look up items he wanted to know about. I do believe that the i-w is afraid of the system as you can see on this site by the posts but not the hits. The i-w wants the information but only will talk about their case through email or private message. As of today I have received about 180 emails and 35 pm from i-w looking for information on all kinds of subjects or some just to vent about how they are being jerked around.
Received some emails from i-w on their SSD cases these people filed early 08 and received notice that their claim will have to go to an appeal level. Waiting time is about 100 to120 days.
Last edited by zinger; July 6th, 2008 at 10:54 PM.
What is Vesid all about something about retraining if you are disabled. Do you have to do this or is this being pushed by the insurance company?
Americans with Disabilities Redefined:
The house last Wednesday passed the Amendments Act to the Americans with Disabilities Act.
To redefine the definition of a disability to ensure that citizens receive the protection of laws barring discrimination against the disabled.
Ok this makes sense and I will be posting up the law that protects the disabled by federal laws. How about the New York State Retirement System they continue to ignore the disabled in this state. You can be disabled by the feds and receive ssd but the states evil system and their IME's say your ok to thousand of injured workers that are disabled.
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