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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 05:13 AM
Original message
They refused him medical treatment!
My SO works at a widely known meat processing plant here in the midwest. He started about a month ago ONLY because he needed work and was willing to do what he had to do, continuing to look further.
(He is NOT on the kill or butcher floors, thank God/dess!).

Not a week into the job, he slipped down some stairs, thankfully catching himself on the railing but doing something to his back. The nurse on duty that night did not document the incident; however, when he went into the nurse's station a couple of nights later, that nurse did. She did not give him copies of the report.

He has gone to the nurse's station no less than 4 nights a week since the incident. Finally, last Wednesday morning, about 2:30 am, he BEGGED me to take him to the ER at a local hospital. He later decided against it because he has no insurance.

Later in the day, he called work and told them he needs/wants to see a doctor and was told he needed to go into work first, which he did. I gave him time to arrive there then phoned in to the nurse's office. I identified myself to her, asked for an update, which she refused. I told her to ask my SO, who was sitting right there, for permission to speak with me. She stated she still couldn't because it was company policy.

I then asked to speak with him, at which time, I instructed him to ask if he was going to see a doctor while I was on the phone to hear the question. He did ask and the nurse said "no", they were putting him on another job. Mind you, this man had not missed one night of work in spite of this excruciating pain, had been in the nurse's office more often than not, begged to see a doc, and was told "no" and was going to be sent back to work!

He arrived home a bit later, stating he had asked once again, to see a doctor and was denied so he told that nurse he WAS going to see a doctor and was leaving. Before he left, she asked him to sign some paperwork which " will fill it out later". Well, DUH, like he would do that! She was not a happy camper.

He went into the ER on Thursday, was examined by the doc there, taken off work until tomorrow (at least) and told to report to a work fitness center on Monday. The ER doc also faxed his findings and orders out to nursing at the facility.

When my SO called in to verify they had, in fact, received the fax, he was told by another nurse (in a very rude, disrespectful fashion) to bring in any meds the doc had prescribed when he returns to work.

My SO then called this particular work fitness center on Friday afternoon, long after the fax from the ER would have been received by the facility's nursing office. When he explained what was going on, this fitness center told him they would not even speak with him because the employer had not sent him!

I am so sorry this is quite lengthy. I just need to know if there are any legal eagles here who can help direct me to the next step. We have contacted a workman's comp/personal injury attorney, one of which has dealt with the company's unethical practices numerous times.



As always, thanks in advance. :hug:

Jenn
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Hekate Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 05:16 AM
Response to Original message
1. Kick. Hang in there -- I know we have DU lawyers
Good luck and Goddess speed his healing.

Hekate
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 06:00 AM
Response to Reply #1
8. Thanks Hekate,
for the kind post :hug:

Jenn
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Rosemary2205 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 05:18 AM
Response to Original message
2. IMHO that worker's comp attorney is your bet
I do believe from this point on he should clear everything with the worker's comp attorney first.

We had a worker's comp thing at our house only once. FORTUNATELY it was with a fairly ethical company with a STRONG union
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 06:05 AM
Response to Reply #2
9. I am glad your had a
"positive" relationship with your attorney and that you were dealing with a fairly ethical company. This company is notorious for unethical treatment of their employees because most are immigrants (legal and otherwise), as well as workers "mainstream" employers won't touch with a ten foot pole.

In fact, in the days leading up to last Monday's boycotts, a DU poster stated they had been boycotting this particular company for some time because of such unethical medical treatment practices of their employees!

Thanks so much for your input.

Jenn
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 07:34 AM
Response to Reply #9
20. The attorney is the key
for your SO. The attorney should have informed your SO's employer that all contacts between them and your SO go through the attorney. Your SO should not discuss any issues with the employer at all. None.
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 07:38 AM
Response to Reply #20
21. Thanks! I will advise him
of such immediately. The attorney we have contacted has not been retained as of yet; however, we will be meeting with him tomorrow. The good news is, he does such cases on a contingent basis AND he has filed suit on behalf of employees of this meat processing company, numerous times.

Thanks for your input, H20 Man :hug:

Jenn
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radwriter0555 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 05:25 AM
Response to Original message
3. Stick with the attorney, document everything, even if it's only making a
chronological log of dates, times, people spoken to, places gone to, etc.

The attorney will indeed handle all of it for you. The most important thing is to get the appropriate medical care. The rest comes later and will take several years of litigation and BS.

Be very careful about the medical care you receive, if you don't like it, request another practitioner.

FOLLOW YOUR ATTORNEY'S ADVICE.
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DoYouEverWonder Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 05:27 AM
Response to Original message
4. Find out who this company uses
for their Workman's Compensation Insurance and go to them directly.

This is clearly a workman's comp case and there are laws that cover how an employer is supposed to handle such a case.

The case will be assigned to an agent with the Insurance Company and you shouldn't have to bother with little miss gatekeeper after that.

If you can't get the info from the employer, call your state's insurance board and let them know that this company is denying who access to appropiate medical care for an accident that occurred on their premises. There may also be a state board that deals with employer/employee issues that may also be able to help.

Second, when your SO goes to the ER or doctor, let them know this is a Workman's Comp case. Many MD's do not take Workman's Comp but even more important it will be properly documented who is responsible for paying the bills, that is the employers insurance company and not your SO.

Good luck.

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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 05:33 AM
Response to Reply #4
6. He did tell the ER
doc this happened at work; however, on the paperwork, the doc did not indicate his injury is work related and he (my SO) was told he, as well as the company, will be billed for the services.

Thank you, all of you, for your input. I look forward to more ideas.

Jenn
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ima_sinnic Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 05:31 AM
Response to Original message
5. my heart goes out to both of you. my DH had the exact same thing
--slipping on steps and grabbing a hand railing, but with a backpack blower on his back. He had painful muscle spasms in his back for a long time. I wish you were in my neck of the woods (north central Florida) because his WC lawyer was a gem who remains a friend. I will hope for the best for both of you. As said upthread, the lawyer is your best bet. :hug:
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 05:53 AM
Response to Original message
7. I don't know who is recommending
this thread but Thank You all so much! :hug:

By the way, any Illinois legal eagles out there?

Jenn
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 06:06 AM
Response to Original message
10. Thank you my DU
family for kicking this to the greatest page. :grouphug:

Jenn
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B Calm Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 06:11 AM
Response to Original message
11. Each state has different workman comp laws. I would immediately
see a Workman's comp lawyer. He has to cover his ass or he'll be fired.
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TomClash Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 06:19 AM
Response to Original message
12. I'm no expert but here's what I know and I hope it helps
He needs to file a Workers' Comp claim and in most states the employer must then contact its workers' comp carrier to pay for the medical/hospital expenses because his injury occurred in the course of his employment. The employer knows this.

Workers Comp laws vary from state to state.

If it's a union shop he should report his injury to his shop steward.

It is illegal in many states, like NY, to be discharged for filing a comp claim.

He's entitled to a percentage of his wages if he has to miss work due to the injury. The Workers' Comp Board of your state makes a finding based on the type and severity of the injury - sometimes resulting in a lump sum award, sometimes weekly payments, sometimes both. Again, it varies from state to state.

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aasleka Donating Member (465 posts) Send PM | Profile | Ignore Sun May-07-06 06:45 AM
Response to Reply #12
14. workers comp
Did his supervisor document the incident? Generally you will not be covered by wormans comp if you did not have the incident documented within 48 hours of an accident.
The risk management team hired by the company is there only to protect the company. He has the right to choose his own doctor although he will also HAVE to see whomever the company sends him to see. Generally the doctors' that the company deals with are there to find no problems and send the employee back to work.
IMO go see a sports doctor or specialist and have them bill as wormans comp and worry about it later when you get a lawyer.
Call the bar association in your state and get a reccomendation. Do NOT pick one at random. Get the bar assoc. reccomendation, if the lawyer listens to the claim and calls the company while your in the office before talking about compensation you have found the right lawyer.

Good luck
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 06:54 AM
Response to Reply #14
16. Thanks for your response!
No, the attending nurse that day did not document anything! It wasn't until a few days (2? 3?) later the nurse on duty did, and only then because my SO had been in her office every night for maybe a week, by then.

Jenn
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DoYouEverWonder Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 06:59 AM
Response to Reply #16
17. If the company nurse did not do her job properly
that is not your problem. Your SO handle the situation appropriately by going to her first and that is all that is required of him.

Keep good notes. Date, time, name of every encounter connected to this case. Go back to the day of the injury and go from there.

Lawyers freak out when you show up with good documentation.

I won a law suit once because I had good documentation and the people suing me didn't. When I started naming names, time, date and place the other side backed down real quick.

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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 07:06 AM
Response to Reply #17
18. Being a former
attorney's assistant, I am very aware of the importance of a "paper trail". Thanks so much for reminding me!

Jenn
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TomClash Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 07:45 AM
Response to Reply #14
23. Bar associations
can't tell you which lawyer is "good" and which one is not. I'd saw follow the lead of the comp attorney you have because he is already well aware of the Company's practices.

The Company is already on notice about the incident - the second nurse documented it. And in some states, like NY and NJ, there is no way in hell you don't get comp coverage because it was not reported within 48 hours.
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 12:03 PM
Response to Reply #14
30. I don't know how it is in their state
but in Texas--you CANNOT choose your own doctor anymore.
You can generally go to the state WC website and find a list of the docs or at least the rules/regulations of WC in your state.
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 12:06 PM
Response to Reply #14
32. This is the best advice that I can give
as it was given to me WAYYYY past the time it was beneficial to me.
Call your State Democratic Party office and ask for their recommendation for an attorney (this advice was given to me by David Van Os--candidate for Attorney General in Texas when we discussed this subject).
Again, Good Luck!
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Christa Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 06:36 AM
Response to Original message
13. Dear Laylah
I have no advice, just my best wishes and love :grouphug:

I'm sitting here with tears streaming down my face - hope all goes well.
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 06:53 AM
Response to Reply #13
15. Well bless your heart
no need for tears :hug:. Of course, if you are like me, you cry at Maxwellhouse Coffee and Hallmark Card commercials :silly:

Thanks for caring!

Jenn
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Christa Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 07:26 AM
Response to Reply #15
19. *blush*
I am more upset than sad - at the unfairness of this whole system.
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 07:40 AM
Response to Reply #19
22. I have to tell you
my rose colored glasses, while chipped and a bit cracked, have been totally destroyed since I returned to Illinois, after 28 years in Colorado, in 2002. I have NEVER, in my 54 "short" years on this planet, ever, ever, EVER encountered such people lacking in honor and integrity in my life! But that's another story.

Again, thanks! Yes, the system is for the "haves" and we "have nots" must struggle what is rightfully ours!

Jenn
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localroger Donating Member (663 posts) Send PM | Profile | Ignore Sun May-07-06 07:46 AM
Response to Original message
24. File a claim -- NOW.
Others have already told you to document each and every conversation with the plant nurse, doctors, supervisors, etc. As long as you can establish that you sought treatment within 48 hours you should be clear.

Years ago I had a hernia I got under circumstances similar to your SO's injury. The company I was working for leaned on me HARD not to file a claim because they didn't want their workman's comp insurance to go up. Problem is, regular insurance doesn't pay the whole cost and at the time money was tight. One day my doctor asked me why I was being so tight about scheduling the surgery when it was a straightforward matter. I told him what my boss had told me, and he told me back, "When you have an injury like a hernia or back injury, it's assumed to have happened at work unless they can prove otherwise, and if they fire you or reprimand you in any way they will be in big trouble."

So I went in the next day and told my boss I was filing a claim for my treatment with workman's comp, and he said "Uh." What happened next was pretty funny. Within a few hours they were bending over backwards to help me file my claim, the first WC claim they'd ever had in almost 40 years. A little bird told me it took only one phone call to the company lawyer to set things straight. They had to call the insurance co. to find out how to fill out the paperwork. I overheard the insurance guy telling our comptroller, "You've been in business over forty years and never had a workman's comp claim? Why that's..." (dramatic pause) "remarkable."

Workman's comp laws have teeth precisely because it is so easy for an employer to steamroll an employee. A lawyer later told me that if they'd fired me I'd have eventually been putting my name on the sign in front of the building.

After that incident my company straightened up a lot of practices, and I even still work for them. We do work with heavy weights and in industrial environments so we've seen a claim or two every year since I filed that first one. And lookee here, the sky hasn't fallen and management can breathe easily because they're in compliance with the law. By standing up for your own rights sometimes you really can benefit everyone else.
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ikojo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 08:57 AM
Response to Original message
25. So sorry about your SO. I hope his back is better.
What is also very sad is that jobs in meat packing plants used to be union jobs until the corporatists moved them from union friendly areas such as Chicago to far less union friendly climes such as Nevada and Texas. These are among the most dangerous jobs with few protections for workers. The employer will tell your SO, that if he cannot take it there are others, primarily immigrants without the proper documentation, who will be more than glad to take that job.

There have been reports in the St Louis Post Dispatch about how small town MO has seen an influx of Mexican immigrants to work at meat packing plants.

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knitter4democracy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 09:17 AM
Response to Original message
26. This is disgusting.
How could the nurse not do her job? Why else did she become a nurse? Why just jerk him around like this instead of paying everything they're supposed to, which I'm sure is cheaper than paying for all the lawyers and fees.

Let us all know if you need any help, and keep us all updated. I'm not too happy with the ER doc, either. Grrrr.
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 11:54 AM
Response to Reply #26
28. Thanks for the support
k4d :hug: As another poster stated, these places are, for the most part, packed with Hispanic and other immigrant workers. Because of that, the workers are treated like dirt, worked like dogs, then kicked to the curb.

As for the Union, from what I have heard, it is a joke. Now, whether the Meat Cutters Union only sucks at THIS particular location, or overall, I have no idea.

God/dess willing and the "crick" don't rise, my fella will be out of there into a humane work environment in the not too distant future! Only, of course, after resolving this little situation. They picked the WRONG person (ME!) to mess with. I have a brain and a mouth and I plan on using both, thank you very much!

:hug:

Jenn
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knitter4democracy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 12:03 PM
Response to Reply #28
31. It doesn't change the fact that it's disgusting.
Does my hubby care what color a patient's skin is, what language she speaks, or what papers he's carrying? No, and neither should any other medical professional.

Let me know if you need anything. This is just soooo very wrong.
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-08-06 07:09 AM
Response to Reply #31
35. I agree with you
100%, k4d! It isn't so much the medical profession (in this particular case) that cares about skin color, it is the organization themselves. This is one of many reasons they will hire immigrants, legal and otherwise. This is also ANOTHER reason last Monday's boycott was right on! Employees, be they black, brown, red, white, polka dotted, deserve HUMANE treatment...medically, beneficially, etc. Now, my SO is white; however, he, unfortunately, does have a (non-violent) criminal background, which is another vulnerable population this company will hire then use and abuse.

Thanks again. I will keep you posted.

Jenn
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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 11:50 AM
Response to Original message
27. Thank you all for your
suggestions and support. I will be contacting the attorney in the a.m. The ER called my SO yesterday, following up. He told them what the work fitness place said about not seeing him if the company didn't send him. The ER nurse came UNGLUED! (love righteous indignation) and told him to go back tomorrow and tell them the Doctor SAID he was to follow up with them. We shall see what happens and I certainly will keep all apprised of progress.

Again, my DU family ROCKS :yourock:

:grouphug:

Jenn
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 12:00 PM
Response to Original message
29. Good luck
Having dealt with Workers Comp--you will need TONS of good luck.
However, getting an attorney was the best thing you could do.
The one thing they will tell you is not to discuss this with ANYONE except the attorney--even here because the employer can use any information against you.
I know this is an anonymous message board, however, with the infiltration of freepers, I wouldn't trust anything.
Again, I wish you all the luck.


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laylah Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-08-06 07:30 AM
Response to Reply #29
36. Thanks HwnN
I understand what you are saying and being in one of the top crookedest states in the Union, I will be extra cautious. As for anyone using anything I have posted here, against my SO, well...I have never understood how the truth can be used AGAINST someone! Oh, I forgot who is running this country :silly:

Thank you again for your response and advice.

Jenn
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davsand Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 02:37 PM
Response to Original message
33. Check your in box, and a few bits of info:
If the docs are saying your husband is the responsible party on that ER visit, then be certain you get THAT squared away with the hospital finance ASAP. Do NOT wait to do it. Make sure the records reflect that is Worker's Comp case, and that you guys are not responsible for the payment of the bills.

They are probably gonna give you a hard time about it.

I have no idea about your financial circumstances, but be sure that you ask about the "charity care" policy at your hospital, and be sure you apply if it can help at ALL. The paperwork can be a huge pain in the ass, but it can possibly save your financial well being down the road if this case drags on with no resolution. Especially, if the company tries to pass this off as not their responsibility.

They may try and tell you that they don't have a "charity care" policy, but if they are tax exempt and in Illinois, they damn well better have one or else they may not stay tax exempt for long.

They may try and tell you that you make too much money to qualify, but don't take them at face value, tell them you want a WRITTEN copy of that charity care policy RIGHT NOW. Hold them to it down to the letter.

I know that at least one large hospital chain here in Illinois has a policy in place, and it goes up to about 150% of poverty level on the income guidelines.

Additionally, I do want to give you the phone number for a local organization here in Champaign County. They have been around for over 25 years and they do health care advocacy, including providing a hot line for people fighting for medical care. They are the Champaign County Health Care Consumers, and they might be able to give you info on State programs that are available, as well as give you info on how to fight your local system.

You can call them at (217) 352-6533 Ask for their hotline, the advocates are very dedicated.

Best of luck with all this, and do not give up!


Laura
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Critters2 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-07-06 11:18 PM
Response to Original message
34. Having had parishioners and neighbors employed in meatpacking,
I can't offer much hope. The meat industry is corrupt from top to bottom. They'll fight this tooth and nail. Get a good lawyer, but don't expect much.

Another reason I don't eat meat.
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