Workers Comp Help
Repetitive Motion Injuries From Job
I sustained my injuries while working as a telephone service representative at an HMO. I did not realize that the incorrect set up of my work station was causing my condition. I did not realize that I was hurting myself at work. It wasn't until I spilled my glass of water all over the Human Resources Director's files that we came to discover that my injuries (to my hand holding the glass) were resultant from (and getting worse by) working at my poorly designed work-station.
My HR Director called me into her office and telephoned the Worker's Compensation Carrier right away. She told them that the case was uncontraverted, meaning that she did not dispute the fact that I got hurt at work. I explained to her that up until then, I was using our HMO insurance for my doctors. Since we worked for our HMO, it was simple to reprocess and deny all of my claims (previously paid to my doctors). She told me to just give them my Worker's Compensation claim filing information and have them refund the HMO payment.
My providers were up in arms! The HMO pays more money then Worker's Compensation. Some of my doctors even got sarcastic with me, saying things like "Well, since I'm not with you in your office, observing your desk functionality, I can't really be sure that your condition is work-related..." . She really didn't want to give up the higher HMO payment in exchange for the WC rates. I don't blame her, but I don't go to that provider anymore.
Every other provider understood that servicing that many calls eight hours a day meant that I was not in an ergonomic position as I demonstrated the cradling of the phone in the crook of my neck while I used the computer mouse and keyboard.
I got in touch with my WC adjustor just as soon as he was identified to me. I always called before I had any expensive treatment or prolonged care (like physical therapy) to get him to send me a preauthorization. Sometimes he wanted medical records first. Sometimes he'd say no, and send me for an IME.
One IME I went to was this big new elaborate medical complex owned by this 1 doctor. He apparently thought it was his home, and kept his golden retriever in the office. So, while I sat in the exam room discussing the nature of my condition and why I was there, I sat petting the dog between my feet. Lucky for him, I'm a dog person. But I mean, really, it's supposed to be a clinical environment, ya know? Clean. No dog hair needed. I mentioned it to the WC Law Judge but I didn't even get a rise out of him.
All this to say that over the past 5 or 6 years, the carrier on the whole has ended up granting me authorization for all the care. I've never had to argue for more than a year. The only trouble, and it's big trouble when you think about it, is that while I've been awaiting their authorization for this or that, 3 months here, 7 months there, I've had to stay on pain killers, or modify my lifestyle. I've wanted to have children and I've been married for the past 2 1/2 years.
I would love to have tried right away, but pain killers and child bearing don't mix well. I just wish I could have had access to the care I needed immediately all the time. I believe I would be fairing much better than I am now. And I'd have been able to pursue parenthood when I wanted instead of having to wait until I'm off pain killers. My biological clock is winding down (I'm 41 now) and I'm still not better. My pain management doctor wants me to stretch my way out of pain, but my condition still !
affects every day of my life (I can't wear a bra with shoulder straps as the straps give me immediate, intractable neck pain). I'm not much of a professional looking career woman without one. And just when I get a decision from the WC Law Judge in favor of my providers, the WC Carrier proposes a Section 32 Settlement. If I settle, do I have to hold the settlement money in escrow for medical bills only? Will my private health insurance pick-up the tab when the case has been disposed with this type of settlement?
Luckily, I found this website and a link for New Yorkers like me Injured on the job.
In all of the offices I've worked at, only 1 had their WC Safety Inspector come in and review work-station ergonomics. It seems like workers are a dime-a-dozen to employers, the way they don't invest in their worker's safety.
I've been an outspoken advocate for work-station ergonomics. Most co-workers are afraid to speak-up despite their neck/shoulder and arm pain. Solidarity is needed in all offices. Nothing is worth your health. Nothing. For without health, it's difficult if not impossible to enjoy anything else. Granted, we may not enjoy work, but it should not hurt us. Don't let my suffering be in vain. Advocate ergonomic work-stations to avoid repetitive motion injuries.