Worker's comp explanation

they may not directly discriminate, but they can deny you a job cuz like i said, you present yourself as a risk for more injuries. they just don;t say that, they say something like, "well we are ONLY taking applications at this time", or they may say something to you like, "you don;t have the experience we REQUIRE"

they can say anything to deny you a job, that in of itself is not verbally discrimination to you.

had you had a W/C lawyer he would have asked if you wanted to return to work at your former employer. had you said YES, then of course NO settlement, but then no resignation as well.

then you could have returned to work, THEN look for a new employer if you needed to.

 

I had a lawyer, the only reason why I took the settlement is cause comp was fighting me over every little thing. Thought I mentioned I was hurt the year before in April of 2018 hurt my ankle had surgery then came back for two months in 2019 and hurt my back in April of 2019 and have been out since. So comp was dragging things out and it wasn't worth the stress. I loved my old job. But it just wasn't worth it unfortunately

 

If you developed a physical dependance on a pill of something and no longer have that in your world at all, as in nothing I would strongly suggest letting that episode go. And consider it a personal victory. If you somehow developed a mental reward addiction craving for a particular pill, that is more dangerous. I can understand why people would crave drugs but it's not part of my life. My last series of medicines was one that provided relief for the body without the hazy, sleepyhead problems in the past with the first pain mill I was at until I moved to a much much better clinic until after the hip surgery.

Ironically the symptom that ER's require is pain strong enough to immobilize or make you unconsious as the broken joint cuts into everything around. BEFORE they will prescribe surgery etc. My last two episodes were life threatening prior to surgery combined with excessive medicine use the last two weeks because of State limitations on doseage and no room for "BReak through" that landed me in the ER there.

The biggest battle I remember was making doctors understand that I am not a seeker or a addict. What part of pain do they not understand followed by a full FLACC panel supporting such in front of them. And some doctors made friends and taught me their positions as well. They were very good.

I put that behind me. Ive got a pair of surgeries waiting and those will happen when we hit the intractable pain after the bone failure for one and there is a chance that they will have to get into the lung side blood supply valve for the other. But that one is not needed right now. I have learned what level 10 pain really is and the mind just shuts off like a burnt fuse for at time, you do not want to be vertical or standing when it does. It gives me a final warning before I go out like a light being tough vs pain. (But don't tell them I cannot stand needles... ugh lolz)

You have a oppertunity to do well. I encourage you to. trucking itself is not that difficult. But having medicines, health problems injuries etc anything out of ordinary will cause trucking company people to REALLY crawl where the sun dont shine with a big ### spot light to examine your history.

I miss a simple time long ago where doctors and you were just the two in the room for whatever reason gushing blood, minding a busted bone or smashed burns or whatever. As long the doctor took care of you with drugs and standard of care the State could not be bothered to be in there also as they are today Absolutely.

And trucking? I like for the drivers not to be altered in any way, the job is hard enough.

 

yes, once a settlement is made, you can NEVER go back and "re-sue" that employer for more money.

when a settlement happens, W/C (if one is deemed disabled thru SS, then a "set aside" amount of money is given to you, to deposit in another bank account, and that money can ONLY be used for continued treatment of your injury, NOTHING ELSE..!!

some times, the insurance company chooses an administrator to handle that money, and when you need money for doctor care or meds, that administrator writes the checks, and this leaves you free and clear of any duties of handling that money.

my buddy has such a set up, and it was out of his hands, the w/c insurance company and SS work together for that "set aside" monies. this is not subtracted from the cash settlement.

this is why anyone that gets hurt on the job, GET a w/c experienced lawyer ASAP....

protection of your rights, and future depend on that lawyer, otherwise, go to the local CVS, or Rite-Aid, or Walgreen's, and buy the biggest jar of Vaseline that you can, when you handle a w/c claim on your own..

 

that's the idea behind a lawyer... he/she protects you. my buddy that worked at New Penn, ""stayed with it" for over 6 years on w/c....he got a huge settlement, but he can not drive anymore. he too thought of "giving up", but had he done so, he'd have gotten peanuts, compared to the nearly $600,000 in the settlement, plus the "set aside money" for future medical costs.

 

I wish I would of waited then. After lawyer took his cut I received like 56k for my ankle and back. And I received $2500 for medical. I was making a lot more every two weeks from my ankle then I was my back and I think that's why my ankle wasn't worth much more.

 

I share a example from Covenant in '96 at orientation. What do they do? Ignore the audiogram made the previous friday and tested my hearing in a room with 50 people talking, interviews etc all at once. There was NO way you can get that. I hear the doctor's air out of his whisper test but not the words. So they throw me out and then say I am not allowed around the company for life in DAC. (Turns out they maintain a private database with 15 top carriers which eliminates them from hire automatically)

FMCSA reviewed my case, a lawyer looked into a multi million economic damage ACA against Covenant which I considered really foolish etc in that time. FMCSA wrote me a final ruling letter saying very simply. this:

A company can discriminate softly by choosing those drivers who do not require glasses or hearing aides to do the job. They can in effect by their defination be "MORE STRICTER" than just DOT standard regulating against 500, 1000 and 2000 hertz at 40 db or better using hearing aids. Its legal. Its not nice or right but it's legal. And they also ruled that I am legal to hold onto the CDL A which was also at risk that year.

I kept that letter to show future employers and that opened much better doors in the future. They liked seeing that resolution from FMCSA. After 10 years Covenant does not matter anymore in life. Irrevelant.

Whats interesting is Ive been away 10+ nothing except covenant's failed orientation exists anywhere under my records except in certain military and DOJ etc. I would be treated like a 21 year old newbie all over again. Which is why I think on one hand retirement is good. Very good. But on the other I have a oppertunity rarely given to disabled persons to rise above and become productive again. I think in the end that's worth pursuing.

 

I love trucking and I thought about possibly trying out a new trade. Not just the injuries but the vertigo and the three different antidepressants I'm on and the blood pressure medication I'm on. And dealing with the alchholism and pill addictions and now food. I want to try and work with in the next few months. It was a tough year last year.

 

from what my buddy told me, the award (settlement) amount is dependent on any permanent or total disability and that person never being able to work again. then it's also figured on an age and life expectancy basis.

for instance he is way younger than me (we met up years ago, his wife and mine go to some bingo games, and the friendship started thru that), so the w/c insurance takes your current age, and the possible life expectancy. i think for him, they said "he could live" to be about 85 years.

so they took his current w/c weekly checks, and multiplied those by the number of years till 85.

this was why his cash settlement was for that nearly $600,000 offer. yes, the attorney got 20% of that.

but, he took some of that money, and bought (i think he said) an annuity and now gets like $1,000 per month, plus SS disability, plus his pension which he said is not a lot, since he had to leave due to his injury.

so he makes out at or about $4,000 per month in all those payments, till he reaches 85.

i have another buddy in NV, same thing, regarding w/c and settlements.

only a different injury, his hand was crushed by a bad container chassis tandem slide handle.

he now has RSD, in his left arm, all the way up to his shoulder and started to get into his right arm..

he stuck with the w/c for a long time, got an even bigger settlement, since he too is totally disabled,

so it actually depends on the injury and whether or not one can return to work or never return to work, but the insurance bust your chops day in and day out, hopping you get sick of them and cash out.

you gotta stick with it in the future. (but don't go out and get hurt just to see if it'll work for you next time)

 

well with vertigo, i don;t thing a trade at heights or climbing ladders or high rise window washing is in your future.