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  1. #1
    Join Date
    May 2018
    Posts
    3

    Default Can You Get Worker's Compensation Benefits Without a Firm Diagnosis

    Hi, new to this site. My question involves workers compensation law for the state of: Indiana

    I have been going to many different specialist for an injury from work. I am getting to the point where the doctors know something is wrong, but cannot figure out what. I am told by my case manager that I will probably get sent back to work soon. My only option will be to quit this job because it will be too physical for my injury.

    So am I stuck with a messed up hand now? Is it that I get hurt at work, and doctors canít find out what is wrong exactly (but know something is wrong), so I just forget about it and either quit or go back to suffering? I feel like the ethics is wrong in this situation, and donít know if this is how it goes or if I am being played. Any advice or opinions would be greatly appreciated.
    Thank you

  2. #2
    Join Date
    Oct 2016
    Posts
    3,228

    Default Re: Doctors Know Somethings Wrong, but Donít Know What

    The doctors aren't treating you any different because you were hurt on the job.

    If the problem can't be fixed the doctors are going to provide the insurance carrier with a disability rating. The insurance carrier will then offer a settlement.

    You may want to consult an attorney in the negotiation of that settlement.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,073

    Default Re: Doctors Know Somethings Wrong, but Donít Know What

    I am not scolding you, berating you, putting you down or rebutting what you are saying. I am asking a question to establish a base line so that I can best answer your question.

    Given your circumstances as they are, what, in your opinion, ought to happen? What outcome would make you feel that everything had been handled properly and that you were treated the way you should be?

  4. #4
    Join Date
    May 2018
    Posts
    3

    Default Re: Doctors Know Somethings Wrong, but Donít Know What

    Thanks for the response.

    To be honest, Iím not sure. From my understanding, I will have 2 options, take a settlement and be labeled at disabled for any job that I apply for in the future, or get nothing and go back to my job and suffer with my hand turning purple and being in pain daily.

    I have never gone through this before so I may be completely wrong, but this is what my understanding is.

    I feel that i have worked so hard at my job, and it resulted in me getting injured. If a doctor can tell something is wrong, but canít figure out what it is, that the employer should either seek further medical assistance to figure out the problem, or give extra compensation for the pay missed while missing work (since you only get a % if your average pay) and/or for the inconvenience that a work related injury has caused. My hand starts hurting so much, shaking, and turns purple after I sweep my kitchen, do my dishes or any other sort of small task. My injury is on my dominate hand and has caused such an inconvenience.

    Iím not trying to get rich, Iím not trying to get out of work, I just want my hand to work. And if they canít find out what is wrong with it, I feel that I should be compensated without having to tarnish my name for future job applications. I feel that I am just another employee that my employer has tryed to just take advantage of their situation (a settlement hasnít been offered yet, but many people have been screwed when getting hurt at my job).

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,073

    Default Re: Doctors Know Somethings Wrong, but Donít Know What

    Again, I'm just trying to understand what your ideal solution is.

    It goes without saying that the best possible solution would be for your injury to be completely healed. That's of course the best solution for all concerned, no question about that.

    Barring that, it sounds as if you want financial compensation, but no disability rating? Is that what you're saying? (Again, no censure; just trying to clarify)

  6. #6
    Join Date
    Oct 2016
    Posts
    3,228

    Default Re: Doctors Know Somethings Wrong, but Donít Know What

    You have every right to ask for additional doctors to look at your hand. You should contact the adjustor that is handling your case and ask for further medical help. If they haven't yet found the problem they don't know if it is correctable or not.

    As far as getting extra pay that is set by state law.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,129

    Default Re: Doctors Know Somethings Wrong, but Donít Know What

    Quote Quoting Cd2marko
    View Post

    I feel that i have worked so hard at my job, and it resulted in me getting injured. If a doctor can tell something is wrong, but can’t figure out what it is, that the employer should either seek further medical assistance to figure out the problem, or give extra compensation for the pay missed while missing work (since you only get a % if your average pay) and/or for the inconvenience that a work related injury has caused. I feel that I should be compensated without having to tarnish my name for future job applications.
    As far as I recall, you get 66 2/3 of your pay until it's determined that you have a permanent partial disability and then you get a settlement. That's the law.

    Here are some resources for the symptoms you describe. They may give you a lead on what kind of specialist to see.

    https://duckduckgo.com/?q=hand+pain+...le&t=hb&ia=web

  8. #8
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Doctors Know Somethings Wrong, but Donít Know What

    Quote Quoting Cd2marko
    View Post

    .......and be labeled at disabled for any job that I apply for in the future,

    And if they canít find out what is wrong with it, I feel that I should be compensated without having to tarnish my name for future job applications.
    I'm not getting what you think will happen here if you get some sort of disability rating for this condition. Do you think there's a big central place where all future employers will be able to determine that you've been so rated or something? Unless you tell the future employer, or it's a very small area you're looking for work in, I do not see how receiving a worker's comp settlement will render you totally unemployable in the future.

  9. #9
    Join Date
    May 2018
    Posts
    3

    Default Re: Doctors Know Somethings Wrong, but Donít Know What

    Well I want to be completely healed. But from what it is sounding like they wonít be able to do that. So basically yes. I donít want to have to loose future job opportunities to someone for being disabled. If itís a job that wonít affect my hand much and an employer sees that Iím disabled, they will choose someone who is equally as qualified over me (even if they say that isnít the case). I feel compensated at least for the rest of my average pay that was missed for the duration that I was off work would be fair. I have had to change my lifestyle for 6 months because of this injury. Not just around my hand, but around finances too. I wanted to do some sort of part time job to get some extra cash since my checks were so small. But then I would have been considered fraud and would loose my help for the medical treatments. Even if the jobs had no use of my hand. I live alone in an apartment. So all financial obligations are on me solely.

    Oh I didnít know that I can ask for additional opinions. That is great. Gives me hope that I may be able to get this figured out. Thank you so much.

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