Tuesday, August 9, 2011
Does anyone know what happens at court...when you are going for Workman's comp?
I have court date, a lawyer for Workman's comp. It's in two days,here is some details, I was working as a CNA at a nursing facility on the 10 to 6 am shift. We were understaffed, I was the one CNA many times with only a 70 year old co-worker. There is a 40 some year old resident that was in a padded room and Very combative, all the aides were scared of him and leave him often times, he was incontinent and I would find him a mess, so I would always fight with him to get him cleaned up. He has hit and kicked me many before this. Then one night he was really combative and the nurse said she wasn't going to be hit by him anymore and the co CNA has always said she can't deal with him, so I was left to care for him alone. As I was taking off him adult brief he drawled his leg back, like in a fetal position and the kicked me in the side of the head when I was not not looking at him. I was hurt, I went straight and told my charge nurse and filed a incident report. I told our Director of Nursing (DON) within the next 3 days that it wasn't getting better, she sent me to their Doc and she wasn't even a Doctor, but anyway,she ordered Xray's and said I had a torn mussel in my shoulder. So I was on light duty for a week, then let off to full duty. Then I was still hurting all the time and I should of been getting better but was not. Then I was changing a heavy resident and she was using her light a lot that night, more then usual, needing changed..she was also incontinent, but did not wear a adult brief. So I was getting her cleaned up again and my 70 year old coworker was there with me and as I was pulling the dirty sheets and pads out I felt a pop and the pain was horrible, I couldn't even turn my head, barely got home and everything changed I was am so hurt! So I went to my family doctor because I was in pain and I could hardly stand it anymore. He ordered a MRI of my neck and back and a week later he had me come in and said I had 2 ruptured disc's in my neck and bulging disc's om my lower back and degenerate disc disease and arthritis! He said when I was kicked in the head I ruptured 2 disc's and NO WORK..but my boss was sending me threatening text's so I was scared I was going to loose my job and I really loved those people that I cared for and had been there a year and was really used to things and had a routine down. So when I was put on No WORK..I went to my Doctor and begged him to let me work..I told him it's nights and I would take it easy..we had a new girl at this point that was a good worker. He didn't want to but he did and made a note that I would take it easy and so I went to my DON and said he released me..she put me on 2nd shift..where the work is so much harder and put me on the hardest hall. Oh sorry I didn't have the MIR results at this point yet..I was trying to save my job and he put me on light duty at first and then I begged him to let me off and he did because I wanted to go back to my shift but in stead she put me on evening..ok sorry 'bout that...anyway we had a new administrator and he was not nice and the DON was new also. They were on me all the time about when will I be released..so one day I was at work and the administrator came to me and said "Find out right now..call your Doctor and see if the results are in" So I did and they were and I went back to them and said they were but my Doctor wants to see me..so I went and that's when he told me..the next day I was called in the office and accused of passing out a narcotic Zanax! I was SHOCKED to say the least and demanded a drug test..I wanted to read what I was accused of and the denied me this, the next morning I was to call the Human resources department and she said we are not going to give you a drug test we have decided to go another rout and for me come in..I thought they was going to let it go because there was absolutely no truth to this at all!! I got there and they all took me into this room and terminated me right there, and wanted me to sign this paper and I refused and was so upset!! I tried to leave gracefully the DON walked me to my locker and out the door, so humiliating!! I went to my Doctor and told him what happened and he told me I needed a lawyer..so I went home and picked one out of the phone book. He took the case right away, told me to file for unemployment, I did and got it right off because The place where I worked had no proof of what I was being accused of. Now I have been accepted by Workman's comp but under investigation and now is claiming preexisting and now we have court in two day's..I have been waiting for over a year and my insurance has denied all Doctor bill's for my neck and the Workman comp lawyer's have rescheduled the interrogation 3 times so I gave all my Doctor bill's to my lawyer and then all the sudden I have a doctor appointment with their doctor and a court date a week later!! Just a little
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