Tom you hit it right on the head. In fact, on one thread I just cautioned Scared about riding on a 4 wheeler, because I think she has a W/C claim pending.
I worked 18 yrs at a law firm that did 98% worker's comp claims. What this is called is an activity check by the insurance companies. Its is perfectly legal and a there is not darn thing anyone can do about them. It is not an invasion of anyone's privacy either.
The purpose of these activity checks is the rotten insurance companies want to try and catch a person doing something they shouldn't be doing say as an example they had a back injury. They loved videoing clients bent over working on his car, it ruined his claim, it did not matter the man did not have money to take the car in for repairs. I saw a video of a client carrying her groceries in, a copy of the video went to her dr to review. The dr had to agree it looked like she was carrying the groceries effortlessly, her claim, down the tubes. I could go on & on but won't. It was sickening. Now granted the guy 3 month post op a double lumbar fusion had no business out roofing someone's house, his claim down the tubes. These activity checks can get your weekly benefits and healthcare suspended. When a dr see's a person doing something phyical and yet that person claims to him it takes everything he/she can to move, he is really put in a rough spot and most always will side with the insurance company, because he does not want to be flagged by insurance companies.
The people that are hired by insurance companies are snakes, they are very sneaky. You will have no idea they are even around. Susie
Fitz sorry if I offended you, that was not the point, however, I spoke the truth from the plaintiff's side and I guess you are more defendant oriented considering your family history.
Yes, there are many people that have and will continue to try and get one over. However, all of the states have overhauled their WC systems many years ago and that weeded out alot of the bullcrap claimants. In the state of Texas as in alot of the states, an injured worker receives weekly benefits for 52 weeks, then if they have a disability rating they are paid a lower % for x amt of weeks on the rating. If they get a 15% or higher rating, and the insurance company agrees with this rating, the max they can receive is 401 wks of benefits and thats it. Those cases are few & far in between. They get lifetime medical treatment pertaining to the injury as long as it is "reasonable & necessary relating to the injury". Any injured worker will get lifetime care, here in Tx, but say you have been released by the dr and are back at work. You get up one morning and all of a sudden the back or neck pain or whatever has returned, you call your doc right. Well, they say well you need to contact your adjuster to see if they will pay for us to see you. Call the adjuster, no longer there, get a new one who knows zilch about who you are. So you have to wait until this adjuster finds a file on you, then she is going to go to a supervisor and talk about things. Then you finally get a call from the ajuster and she starts asking questions and you tell her again you woke like this and no you have not been in a car accident, no you have not been reinjured again, she still is not satisfied, so will have to get back with you. By then the poor person is mad, in pain, getting no help, getting the run around, so what do they do, end up in an ER and that costs even more money. Our number of WC and Malpractice claims has dropped in our state, but guess what the premiums have sky rocketed and it back fired. They assured employers and drs that their premiums would go down when the laws were revamped in 1991, now they pay the drs even less money and they pay higher premiums. Someone dropped the ball there.
By the way peeps, insurance companies do check backs on all claimants. Its done by your SS number and it will tell them if you have ever filed a claim with an insurance company. It can be a property damage only claim, or even a no lost time claim and it all shows up. If they want to target someone, do it to those that numerous claims. The atty general general here in Tx investigates those people who file 5 claims in 10 yrs. I have yet to ever see any of them prosecuted for fraud.
I will stick by original statement of being videoed, that dr see's the video of his patient, no matter how harmless the patient thought he or she was being/ he is not going to cut off the arm that is feeding him no matter what. Drs are very careful not to get flagged by insurance companies. Ins companies here are not interested in asking the claimant about the video, they talk to your dr only.
Just about all states offer rehab retraining for injured workers that meet the criteria. Not only that but SS also has a person called a VOE, the judge will ask this person after hearing testimony if the claimant can be retrained.
If I could work 8 hrs a day in my house, I could hold down a job. I think pretty much all of us here agree with that one. But again, my disability was based on fecal incont, not a back or neck injury. Yes, I am on SSD but I have worked since I was 12 yrs old and I have paid my taxes as a working individual, only thing different is I had to collect my money early instead of at normal retirement age, so I do not feel I am getting something for free, or at others expense.
Scared you have terrible health problems hun, don't want something misconstrued as to what you should or should be not doing by some snake. Hugs to all, Susie
Omg...sorry m new to this site and was just reading though the treads and cant believe what im reading....
I was in a car accident 3 weeks ago i was hit from behind while at a stop the girl was 18 and on her cell and didnt even see my stop for the person in front of me...she was goin 45 mhp when she hit me...i have a buldging dics in my cervical neck and am having sever lower back pain to the point i cant even hardly walk sit or lay down...and the pain is just gettin worse...
I have retained a lawyer....I cant believe that insurance companies go such lenghs...i can understand that there is a % or false claims...but sence my accident i have had to cope with the debilatating body that hurts all the time...being on so much pain meds that dont really work and just dealing with the emotional side of having all the control you thought you had over your life taken away...to the point that you have to rely on the mercy of others for help just to get by and servive...and now you also have to worry bout being taped and investagated god what has this world come to...i
im a single mom with 3 kids...i have to get up and cook no matter what pain im in i have to go food shopping no matter what pain im in i have to clean up and do laundy no matter what my body and mind might say to me and just the thought that someone could be watching me to SEE if im really as hurt as i say i am is just unbelievable! and to say that if i can do what i HAVE to that i might be denied man that makes me mad....
Im sorry this whole thing has been a hard thing for me to deal with as i dont have any family to help out with...and im just now getting the truth of how hard and long and drawn out this is gonna be im a bit discouraged right now and frustrated!!!...i wish all of you well and luck with all that you are all dealing with...it really does give you a new outlook on life and just how everything can change in a blink of an eye...
Hi LadyRed, I too want to welcome you to HW. Welcome to our exclusive club of chronic pain, sorry you have to be here, but you have landed in the right place. You will find this forum to be an excellent place to come to and ask questions, if we can answer them correctly we will, if not, we are honest and will tell you we don't know, very good place to vent, talk about whats bothering you, let your hair down, no one understands CP like us. No one can understand CP unless they are an actual CP patient. We do have some peeople on here that will research stuff and get back with you, and soon you will hopefully feel like we are an extended family. Alot of us have already been there and done that, and there are many like you that are in the beginning phases.
Try not to dwell on your accident too much, it will only get you down. Save that energy for the things you must absolutely do. I know, you will think easier said than done. You have hired an atty so let that person worry about the legal ends & outs of your claim. Just remember, if your atty advises you not to talk to the insurance company if they should call you. Don't talk to them except to tell whoever, I have an atty this is their name & number call them and hang up the phone. You may have a zillion questions, but again let the atty wade thru all of that. Sometimes they will call not knowing an atty has been hired. Alot depends on how quick his office is to get a letter of rep faxed to the ins. company.
Please get a notebook, now while things are fresh in your mind write down the facts about the accident. Write down where you had been and where you were going. Note the day of the week it happened & date along with the time of day. You would be amazed at the people who actually forget the above things.
Keep in this book as well, the days you go to the dr, what was done, whether he gave meds & that sort of thing. If you were taken to ER for the accident write down what was done there as well. Keep track of your mileage to the appts and save receipts on that too. If you are employed and have to lose time from work to attend dr appts, PT appts, write it down in this notebook, date, time of appt & who you saw. At some point your employer will have to fill out a wage loss statement to document you work and make x amt of money an hour and work x amt hrs a week. On this statement it can be documented the dates you missed time. If you have been unable to work since the accident, this statement will be needed.
Always keep either a legible copy of any medical, hospital, or prescription receipts for your own file. Make your own folder for this. You too can keep track of what your medical expenses are costing because of the accident.
None of us here can tell you the laws of your state regarding personal injury claims, because each state has different laws & rules they go by. The only way any of us would know is if we lived in your state and know the current laws.
Tom gave you some very good info on things to check into and to discuss with your atty. I have given you a couple of tips because I have worked in the Personal Injury, Medical Malpractice, and Workers Comp field for over 20 yrs. I just gave you some basic info for you. One more thing, if your atty is in a good size firm, always keep track of who you talked to and what they told you.
Hope you start having some lighter pain days soon. Susie
When talking to your atty or his paralegal, its best to write down your questions before hand, that way you don't forget something. Depending on your attys