American Disability Act

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mexximelt
Regular Member


Date Joined Aug 2007
Total Posts : 38
   Posted 8/30/2007 10:28 AM (GMT -7)   
I am in an active workers comp claim and my boss wants to get together with me to discuss "my furture and my injury progress".  My understanding is that my employer only has access to how any disability or current injury pretains to returning to work to perform required duties, not to ask about my details of my injuries?  I know for a fact she was told to "show interest" and act like my future is in tack (for the moment) as they got wind she was ignoring me.  Now, if I get together with her we all know the subject is gonna come up "how are you feeling?" and the only way to answer it is with a discussion about how I feel, what the doctor thinks it is , etc.  Any advice would be appreciated.  Also, if my claim ends up being denied I will get an attorney to pursue further so again any current contact with my boss may hurt this?   Thanks again to you all!

painbehindthebadge
New Member


Date Joined Mar 2007
Total Posts : 15
   Posted 8/31/2007 1:32 PM (GMT -7)   

I would respond with I have been better. Then I would ask her/him how they were feeling. Respond with one word answers and offer no information. ALways answer the question and immediately ask your boss the same question back. If questions get real unconfortable answer them with a story that has nothing to do with anything. Something like,

 

   "That remineds me of the time when I was in high school and I tackled the running back in the end zone for a safety.......did you know there are only 2 or 3 safeties scored in the NFL in a year........I saw a game back in 1978 when Tommy Dorsett was tackled for a loss in the end zone and they didnt calll it a safety. That was the year the Cowboys lost to the Steelers when Swann caught the pass out of bonds and the refs called it a touch down. The Steelers won by 4 points because of that blown call........I cant believe Swann made the Hall of Fame he had terrible numbers.......... " ramble for a while then say, " Oh do you like football? If the answer is yes and it would have to be after u just rambled for 5 mins .....then say something like do you think the Panthers will win the super bowl?

 

Remember people love talking about themselves and their family. As soon as you can get your boss talking about her/his family you win your little conversation! Good Luck! 


Foggie
Veteran Member


Date Joined Apr 2003
Total Posts : 924
   Posted 9/4/2007 5:45 AM (GMT -7)   
It may vary from state to state, but I believe your supervisor probably has to submit an accident investigation report. This is usually written by him/her but dictated by you. Ask to read it right away so you can check for accuracy. Oh, and always get copies of everything, even your doctor's report if you are entitled to that info. In my state, we are. We are also obligated to see a professional on their list for I believe ninety-days, at least that's the last I have heard and it may have changed. Of course, it always pays to be very careful about the things you say at all times--brief is always best. Be cautious about distractions, such as what are your hobbies? Go with the old cliche`, "just the facts, ma'am". Be certain. Saying things like I think, or maybe I--, no. Just state the facts. That applies to everyone you talk to--doctors and employer reps. Don't discuss anything in detail with other employees, either, as sometimes they are questioned also. Unless they are a witness to your accident and you need for them to report or testify as to what they saw, you really should not discuss your business with anyone else.

mexximelt
Regular Member


Date Joined Aug 2007
Total Posts : 38
   Posted 9/8/2007 11:20 AM (GMT -7)   

LOL, the football thing was very funny, thanks for the laugh, I will try that one

 

The other thing is, funny you would say that about "what are your hobbies" as I was asked that question during the recorded statement with the insurance company.  My reply was "I walk" .  I have not had any conversations with anyone I work with at all. 

 

Facing my IME required by insurance company, any advice here as well.  I have been warned it can be unpleasant and "anything you say can and will be held against you"


Foggie
Veteran Member


Date Joined Apr 2003
Total Posts : 924
   Posted 9/11/2007 8:48 AM (GMT -7)   
I had an IME. Please follow my advice above. Stand up straight. Do not answer any questions impulsively, rather, take a second or two to give it thought. This doctor is working for the insurance company and not for you. Be courteous but at the same time, do not allow him to lead you into saying something you do not mean. I wish you luck with this, others have warned you also of it's unpleasantness and they are correct. I believe two things--one, it is best if you can remain collected and not allow him/her to rattle your cage (so to speak) and two, this is my opinion, it is his/her job to try and prove this illness or injury is not work-related or that you are a malingerer and that is pretty hard to do if you are truthful and answer questions in a positive, matter-of-fact way.

mexximelt
Regular Member


Date Joined Aug 2007
Total Posts : 38
   Posted 9/11/2007 10:23 AM (GMT -7)   
Thanks Foggie, I just wish everyday my symptoms did not change.  It depends on what I do and how long that effects what hurts.  The severity of it changes although after driving 50 miles to see him I should be unable to move at that point.  I have told my symptoms so many times and each time I am examined they have changed I am confused most of the time and I am normally a totally together person.  I truly am just gonna go tell the truth and see what happens.  The fear will only make it worse.  I just want to get better at this point and will take the results that comes. I finally went and saw a physical therapist today and I was so darn impressed with him , I finally felt like I can get some help.  He was more informative, caring, and knowledgable than any doctor I have seen so far.  Anyway, I thank you for your input and may need it again so keep checking post.................ty ty ty ty

Foggie
Veteran Member


Date Joined Apr 2003
Total Posts : 924
   Posted 9/11/2007 5:51 PM (GMT -7)   
You say your symptoms "change"? How so? The reason I ask is because if you experience pain, fatigue, or other unexplained symptoms, you may want to look into FMS/MPS or even lyme. With FMS/MPS, it is quite common for the pain to change and even move to another part of the body. It is confusing at times and often some of it seems unrelated. If you suspect this to be a possibility, read up on these things. Another suggestion would be to keep a pain diary describing the type of pain, location and other symptoms you may be experiencing. This could be quite helpful for a diagnosis. Wish you luck with the therapy and hope it helps!

curley
Veteran Member


Date Joined Mar 2005
Total Posts : 4305
   Posted 9/16/2007 8:06 PM (GMT -7)   
I had an accident years ago (I had a knif that went through my left hand)at work and I had to have surgery three times.I ended being on works man comp for about a year and a half and I did get a Lawyer because I was having a hard time with getting my money from works man comp.I was akede to do the same as you and my Lawyer told me to tell them if they needed to know any thing concerning my claim to call him.In other words I was told not to say any thing.I wish you well and let us know how it goes.
Curley
.........
 

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