Workers Comp and Losing my teeth and pain question please help me?
I am so confused
I already had a few questions answered
But if WC doesn’t take into account pain, then what am I going to do?
Here is my situation
1. Three years ago I was working, a coworker threw something at me ,and after I was done work I reported it to managers. I then went to the ER. I then went to policie dept to press charges.
2. I forgave her because she told the police she was joking
3. I started having pain in my face and jaw. Went to the doctors, they sent me to the dentist. During a three year period i had gone to so many doctors and dentist.
4. It hurt to do a lot of things even brush my teeth
5. During the three years a few teeth were pulled because dentist thought the pain was coming from the teeth but that was never the case
6. Three years after I am in so much pain and after seeing hundres of doctors my PCP decides to have me see a neuro. He tells me I have Trighminal Nueralgia.
7. I tell work. They have me fill out Workers Comp, it comes back denied, they were set to fire me yet they give me another chance (another chance for what..I was the injured one)
8. Five months after they try to fire me, they decide to fire me anyways because I appealed the denial of the claim. They tell me I’m fired because I’m in too much pain to work..
Now here I am with more dental problems because I was in so much pain I coldn’t even brush. I probably have to have some more teeth out. I’ve had root canals and so forth.
My point is how am I going to ask that they pay the cost for what I’m having done plus cost of dental implants. I’m fairly young and don’t want to be toothless.
Who is going to pay all these medical bills that I keep getting?
I’m not out to get the company at all. I enjoyed working for them, but I see where there priorities are. What do I do? What are my chances of getting any paymetns for this? I have so many medical records.
More Relevant Articles:
- work comp case losingbteeth
- im losing teeth because of work do i get a settlement?
- workers compensation on a lost tooth
If worker’s comp is denied, your only option is to sue the person who injured you. It may at this point be too late to even do so. Many states have short personal injury statutes of limitation.
I would highly recommend speaking to a lawyer.
The question is did you file the claim when you got injured? The reason being is that if you filed your claim three years after the injury then you might have a problem with statute of limitations. Also the last three years a number of things could have happened thus the claim was denied. But if you reported the injury three years ago on the day it happened and your company does confirm this, than you “could” be covered.
The reason I say “could” is that if the person who threw the object at you was joking around and she indicated you both were playing around this is grounds for automatic denial of the claim. This rule is called the “horse play” rule. Unfortunately you can’t sue her unless the denial was for the horse play rule, but it’s been three years…so things can change.
As an adjuster and with this mess of a case it doesn’t surprise me that you appealed the decision. I normally don’t say this on the Y! board but you might benefit from having an attorney to help you get the best dollar amount you can get. Settlement will have to be an option at this point unless you can prove that the Trighminal Nueralgia is part of the injury and not something that was going to happen later in life.
Sorry but I’m not sure what the reason for the denial was for. I’m assuming that you waited three years to finally file a claim.
Why was the claim denied by the insurance carrier? You DID file the
claim timely…you reported it to your supervisors BEFORE you went
to the emergency hospital. That your co-worker was ‘joking around”
is not grounds for denial of a WC claim. You get an attorney, file
the appeal of your WC denial, and let the judge decide the
compensability issues. As to your “pain”… I think you have injury
confused with ‘pain’. The injury is treatable with the goal of
reducing/eliminating your pain symptoms. Pain in itself is not a
“disability” under the WC rules, nor would it be ratable as a
disability/impairment. Unfortunately you have not provided your
STATE. WC laws are state specific. Ie…in Calif your employer can
be held for up to 10K in penalties plus back wages and
reinstatement if found guilty of
harrassment/discrimination/wrongful termination due to a work
related injury/illness. That money comes from your employers pocket
not the IC.
A loan will look better on your Bureau and will also give you the
added bonus of keeping the room on your credit cards open.
That is really helpful. It provided me several ideas and I’ll be
placing them on my web site shortly. I’m bookmarking your site and
I’ll be back again. Thank you again!