Worker's Compensation And A Self-insured Company

[SeanCharles]

I decided to post this even though I have a thread I started previously...

I have gotten a letter from worker's compensation that I have a claim # assigned to the injury I posted about earlier. (my previous thread: [DLMURL]https://www.myptsd.com/c/posts/730065/[/DLMURL]) for reference.

I am not sure how to possibly use this as a way to stop working. It was a physical accident with an underlying mental cause (Which from research is difficult to prove.)

I just wondered if anyone has any thoughts or possible experience with a situation like this...

Sean/Geordie

 

[KwanYingirl]

After my work injury I wouldn't do anything without a lawyer. It is the most corrupt system I've ever experienced. I had solid evidence from OSHA that the illegally dumped chemicals in my workspace were considerable and definitely caused my disability. I lost workers comp but decided to go SSDI because it's more money and doesn't stop in 5 years like workers comp does. Plus, they harass you the whole time they're supposed to be helping. A big fat total f#%+ing waste.

If you have any controversial condition, they will assassinate your character. It was horrible. Good luck whatever you decide. Are you in a union? They would help you if you do.

 

[SeanCharles]

Yes, I am under a union both contractually and I pay dues. I don't have a lot of trust in the union though. Maybe this will be something else I need to discuss with them.

@KwanYingirl I am sorry about your own experience.

I am looking to stop working so I can go on disability. My problem is because I can't just 'quit' the fact that I am union, my wages exceed the SGA of $1070, a month. I know the company isn't going to drop me like a hot potato (an expression) too easily since they want not necessarily me, but the tax break because they know I am disabled, just haven't done a full disclosure as to what my disabilities are... They know I've had what appeared to be a seizure while on the clock, this I suspect is not what the medical docs I have may be thinking it is... I suspect it may be linked to my ptsd.

 

[KwanYingirl]

The lawyers for my employer used my PTSD against me in the most inhumane way. If they really knew anything about it they should've known how devastating being poisoned at work was. Another freaking trauma that could've been avoided had they followed the law about safe disposal of chemicals.

Oh, I hope your union comes through for you. BTY have you familiarized yourself with the ticket to work program through Social Security? You're allowed a certain amount of time when you can make any amount of money you want. I forget the details I want to say nine months.

I have an advocate that works for people on SSDI to help them comply with the rules. He's employed by the large hospital in Portland, Maine. Your union may know of one in your area. I am self employed so I am careful not to exceed the SGA. If I have extra money in a particular month, I buy supplies for the business.

Are you saying that your income even when you're not going to be working will exceed the allowed amount to get SSDI? Because you don't count the disability income in determining your SGA. That's what you make in addition to SSDI.

 

[SeanCharles]

Unfortunately I have been with the company 6+ years. I had a ticket that was later terminated. Before I started this job, which was pressured by Vocational Rehabilitation (My nemesis.) I was on SSI until I bought the house I am currently residing in. I need to completely have a chat with my union anyway about my disability options, given my insurance doesn't cover LTD because I am a union worker! (Which to me is B.S.) Oh well... Anyway I will definitely keep this thread updated as things progress with this along with the outcome of this.

Are you saying that your income even when you're not going to be working will exceed the allowed amount to get SSDI? Because you don't count the disability income in determining your SGA. That's what you make in addition to SSDI.

Right now Social Security is looking at my wages and because they are above SGA, I am considered working. They aren't even looking at my medical for their determination.

What I am trying to figure out is what I need to do to completely stop working, but need to be able to pay my bills while I am waiting for Social Security to make a proper determination. I can't cut my hours down because I am still over either way because of my pay scale which is contracted by the union.

Sean/Geordie

 

[KwanYingirl]

It took two years for my SSDI to come through. I ended up liquidating pension to support me and my children. It's madness.

 

[SeanCharles]

Updates: I had not completely forgotten this thread, I have been trying to follow up with this. I know that from my calculations it's been approximately 6 months and NOT a word. I am going to make a call before I leave here (home) or maybe go in earlier than I am scheduled, Time is going to be tight. I should be leaving very soon to be a little earlier than I am scheduled. I will follow up later with a post when/if I find something useful out and worth posting.

---SeanGeo

 

[Rumors]

I am not sure how to possibly use this as a way to stop working.

Why would you want to stop working? You need a purpose in life. A job is a great way to connect to that part of yourself that needs to feel worthy and needed. Use your job as a tool to recover!!!

 

[SeanCharles]

@Rumors It's not that I want to stop working! Working where I am working and the job that I've held for the last 6 years is aggravating my PTSD. I have been diagnosed with moderate Anxiety, I also have a seizure disorder that is not properly diagnosed and as such I am currently on medication that isn't being properly medicated because the neurological clinic is denying me as a client. With that medication, I am experiencing side-effects which are causing me concern.

In terms of the follow-up, I did get information. Unfortunately, the determination was made based on incorrect assumptions. Therefore, the battle is now back in my playing field. How I am going to proceed with this is to continue doing what I am doing at this point while I rebuild my case making sure I don't put the cart before the horse!

--SeanGeo