The Work Comp Conspiracy

I have come to believe that the work comp system is rigged and is being subverted by the very people that are supposed to represent it - work comp litigation law firms. The Governator here in Caleeforneea, has promised to do something about it, but he is on the wrong track. He is targeting the wrong aspects of the system, employers, workers, and work comp insurers.

The real problem with work comp lies (and I do mean lies, lies, and more lies) with the law firms that represent the workers, employers, and insurers. Each firm is allowed, under current legislation, to represent both sides of the claim. Not for any one individual case, but what difference does it make? Its called conflict of interest, and it has compromised the entire system. Instead of work comp lit firms serving as watchdogs for the system and protecting the rights of employers and injured workers, they are the fox guarding the hen house, getting fat off stolen chickens while workcomp insurance rates skyrocket, forcing good companies out of business, and injured workers languish in pain, sometimes for years, while they are fed disinfo, outright lies, and many times forced to compromise their claims out of financial and personal desperation, at which point the system jumps on them and tries to put them in jail.

This is obvious to anyone who has ever been seriously injured at work, like I have. That was three years ago, and at this point I am facing complete financial ruin, I'm in constant pain, the diagnostic procedures that could lead to definitive care for my injury have been blocked, my attorney keeps making assurances he can't back up, and the only option I'm being offered is an implanted Morphine pump or electro-stim device. Meanwhile, the pittance of a disability benefit I am paid is often late in coming, making me late on my billing cycles, piling on the fees, threatening my ability to remain in my home, and forcing me to consider bankruptcy.

The other culprit in this scenario is the medical establishment. Not doctors themselves, per se, but definitely medical groups and pharmaceutical companies, and don't forget the lobbies. Who is making the laws that perpetuate this situation? You got it, more lawyers. Who is funding the ones making these laws? There you go, more lawyers, working as lobbyists. Who is reaping the benefits while employers go out of business due to astronomical work comp insurance rates, and honest injured workers continue to suffer in chronic pain and be wrongly accused of fraud born out of desperation? What do you know? Its the lawyers, medical groups and pharmaceutical companies. The longer a case drags on, the more ill-gotten gains they salt away. What a racket!

I know there are some fraudulent claims. They get all the attention and are wrongly tagged with causing the problems with the system. People who fake injuries for financial gain should be prosecuted and punished. They are not, however, what is wrong with the work comp system. They are a smokesceen and a scapegoat for all the lawyers getting rich off of playing both sides of the fence.

Mr. Governator, if there is one piece of legislation you could sponsor that would truly help reform work comp, it is a measure demanding work comp litigation law firms represent either employers or injured workers, not both. As an injured worker mired in a failed system, I'm begging you.

As if you'll be able to get a bunch of lawyers and lobbyists to agree to that. Good luck to you, and to all the other injured workers out there like me, desperate to recover from their injuries and return to work.




[edit on 6-7-2005 by Icarus Rising]

Just wow. I really feel where you're coming from and don't doubt every single facet you've named is in collusion, but I would not rule the politicians out for one second.

Originally posted by Icarus Rising
The Governator here in Caleeforneea, has promised to do something about it, but he is on the wrong track.

Schwarzenegger himself took a big chunck of Ohio Worker's Comp money stolen and laundered by the GOP for the election, and is the one Republican candidate that refuses to give it back.

I mean he's a crook. They're all crooks. Nobody is going to help people ever. No profit in it.

the problem is the folks (unlike you) that aren't really hurt, and milk the system. Insurance fraud hurts us all

.02

Rant,

Wow is not the word I would use, but the censors wouldn't allow the words that fit for me. It would just be empty space and expletives deleted. You're absolutely right about politicians, and most of them are lawyers first, aren't they? Its like a prerequisite or something. Arnie will probably get an honorary law degree or something like that (maybe the presidency?) soon. He's got enough money and lawyers working for him not to have to get his hands dirty directly, but he's just as guilty as the rest of them. I'm hoping he is worried enough about his image to take some appropriate action for a change, but his track record, as you pointed out, doesn't indicate he will. It is hard not to become disillusioned, as your last line illustrates. I can't afford to do that, I have a six-year-old son who depends on me to take care of him.

Syrinx High priest,

Yes insurance fraud exists, but most of it is being perpetrated by those who run the system, not by those it is designed to protect, imo. What the individual, dishonest, fraudulent claims are costing the average honest, wage-earning taxpayer is far out-stripped by what the lawyers, politicians, and the medical establishment are reaping from this rigged system.

Icarus
I feel your pain, or maybe it's my own. I am no longer able to work either. Workman's comp is horrible, and I've been told that there is nothing I can do since I no longer live in CA.

I am currently trying to get on social security so that I can get medicare. What irritates me is that they admitted that I can no longer work in my trained field (aircraft mechanic) but they declared me only 30% disabled. So I went from making close to three grand a month to 680 on workman's comp. And they refuse to do anything about the related medical problems.

It's hard to fight city hall. Especially when city hall is in CA and I am in TX.

darkelf,

Hang in there. I don't think they can write you off just because you left the state. I got the same treatment early on, rail-roaded onto a 25% permanent status and paid $170 a week, when I still can't even walk a hundred feet without feeling like my feet are going to burst into flames and my lower back and hips are about to explode. Its a joke, and I think they try to do it to everyone. SSD saved me temporarily at the time. Tell them you need to be re-evaluated, find a doctor who will listen, get the diagnostics you need. Don't give up! Thats what they are counting on. I seriously think that most work comp lit firms are waiting for you to give up or die. They have a bunch of slimy, sell-out doctors working for them who understate permanent disability status and block treatment, like my personal favorite, Dr. Ronald N. Kent, M.D.,Ph.D., Neurology.

you know i can definately understant what you are going through right now. i hate to tell you that this type of thing is not limmited to california or even the states for that matter. i t is also a problem that spans the entire injury help systoms not only workers comp.

here in ontario i have been haveing problems from an injury suffered in an auto accident. i have been off work over eight months now but have recieved very little help from my inurance company about it. in fact they have been rather crappy about the whole thing even several times saying they haven't recieved papperwork from either me or my lawyer. they send you out to "specialists of their own chooseing to try to point out that you are fakeing it. all in all it has made things worse, now i am not only in pain but suffer from depression and anxiety as well. basicaly my lifehas become like a hell. i feel at times that i am being punished for being caught by random events that i had no controll over. but i got screwed anyway.

on top of all this several years back my mother was diagnosed with a condition that makes it pretty much impossible to work a steady job. untill that time she worked but with her heath in such disarey she was told by the doctor that she should not work, and in all honesty was incapeable of working. enter in the disability systom from the government. now what she suffers from is not all that common and in most cases medication does help, but not always. well things came down to a tribunal. a meeting with a nurse, and 2 others of non medical backgrounds. i was there to point out how her life had been affected by her illness. in fact i had spent everyday just about for several months just driveing her arround to differant doctors, it was lucky that i was out of work at the time and was able to do this otherwise things would have been likely very differant. anyway dureing this "tribunal" of course who's main point is not to help but to try to prove that you are realy ok was a great dissapointment.

now part of the medical problems that affect her end up makeing her weak and unable to do overmuch a fair ammount of time, it dosn't help that her adreanal system was destroyed by her body as a result of her problems and she has to take pills just to have energy. on top of that stress causes masive energy uses and also sends her into what was termed "crises". all in all a bad situation when trying to work at a job. well the underlieing theam that i heard dureing this tribunal both hinted at and even straight out mentioned was "you are a smart lady, you don't need disability". now WHAT IN HELL do they mean by that? that you only need medical disability is you are stuipid? how smart one is has nothing to do with the fact that you realy arn't capable of working. but they decided ultimately that she was too smart to get disability. i even asked " if you were an owner or manager of a company, would you first off hire someone who may call in half the time in the morning saying that they are not able to work today? or if they hired such a person how long wouyld it be before they needed to get rid of that type of person who may end up missing almost every other day at the last minute? needless to say she never got dissability and we lost our house as a result of that.

too much emphisis is placed upon "proveing" that one is realy not in need of assistance. where it should be to actualy help people. but all we hear is the call of FRAUD, i have to wonder how much is actualy fraud vs people that they DECIDE are ok when they realy are not. you know it's a pretty #ty feeling knowing that even though you are in pain that they will do their best to say that you are fine and just trying to defraud them.

I don't mean to belittle your situations, but if these systems covered 100% of your prior pay, would anyone EVER go off of it ? And taxes would only be higher.
It would create a welfare state of sorts

I'm not speaking to any of you specifically, but the idea behind only covering part of your income is to motivate you to get well. Again, I don't mean you three, the system in general.

syrinx high priest,

You are sadly misinformed, and it is attitudes like yours that help perpetuate this failed system. What we are paid is basically take home pay after taxes while on TTD (Temporary Total Disability). It is after we are rail-roaded through the system and given bogus PDS (Permanent Disability Status) by slimy, sell-out doctors who understate the severity of our impairment that we are really screwed, blued, and tattooed. It isn't about the money to me at all. It is about having a viable chance to return to work in a capacity that will allow me to support myself and my family. I call the disability payments I receive a pittance because, before I was hurt, I was on the fast track to VP of my company and by now could easily be making double what I was making when I was hurt. Also, TTD payments have a cap on them, so the more you are making when you get hurt, the less a % of your take home pay you receive.

God help you if you are ever injured at work. You may have to end up eating your words to survive. Stop talking out your butt, or get off the thread!





[edit on 6-7-2005 by Icarus Rising]

Originally posted by syrinx high priest
I don't mean to belittle your situations, but if these systems covered 100% of your prior pay, would anyone EVER go off of it ? And taxes would only be higher.
It would create a welfare state of sorts

I'm not speaking to any of you specifically, but the idea behind only covering part of your income is to motivate you to get well. Again, I don't mean you three, the system in general.

Maybe it's diff where you are, but here ( GA) the workman's comp payments come from an insurance company, not taxes. The company you work for pays premiums to a workmans comp insurance co., and it works just like health ins., if you are injured.
If you get cancer, will you send the bills to your health ins., or will you consider that to be welfare and just foot those bills yourself???

As to being 'motivated' to get well!!! Near poverty would be a motivation, wouldn't it.....cause you ain't gonna get rich off workman's comp payments! Have you even considered how insulting that statement is to some one who has suffered PERMANENT damage??? Can someone be motivated to regrow a severed limb, or a damaged spinal cord ??!!!???

edit to add: I feel for you, Icarus....we've had a little experience along those lines....hope the best for a better outcome!

[edit on 6-7-2005 by frayed1]

You have voted Icarus Rising for the Way Above Top Secret award. You have two more votes this month.



I'm in the same boat man. in my case a ruptured and bulged disk. L5-S1. it's like smashing your funnybone with a chisle, or having an ice pic hammered into your spine, except from the hips down, and never ending. that was 2 years ago, and it still bugs the hell out of me. now im so limited in my activities that im going mad. things like yard work, taking out trash, bending over to tie my shoes, all risky. football, golf, jogging, backpacking, water sking, snowboarding, shoveling snow...all things of the past. But hey, who needs recreation? they wouldent even allow an MRI to determine the exact problem for 3 months because they didnt want to pay for it. then delayed proper treatment once i had it. if they dont want to pay for medical treatment they should get out of the insurance buisness. that is after all the reason businesses pay them an arm and a leg (not covered). and when you do go for a settlement its fundamentally rigged. the testis based on how far you can bend, on the spot, and only when its feeling "good". well I am young and otherwise healthy, and was allways very flexible, and can bend for a moment ok, but 20 minutes later and the entire rest of the day its agony. and thats non-loadbearing and with no impact. but pain dosent count for them. there is nothing "really wrong" when your limbs are on fire. just ask em, they will tell you. besides if they payed for all they were responsible for, they wouldn't make their awsome profit margins.

Icarus -

You seem to have good comp skills so let me suggest internet porn....

This is a muddled systems no doubt. But, you said you were on the fast track to VP status. If you are that valuable why has the company not made it possible for you to continue to work..?? Things can get messy with WC, as the companies have to pay more each year based on the claims against them. So in effect you bit the company back. If it was an accident, you have liability insurance to go after, but again the company will not be too happy about this. I'm also curious, you probably had your own docs via the company medical plan but these would not be the same docs that the WC insurance people would use for review - there must be conflicting opinions by the docs?? And please remember, docs are not all knowing. The medical science while very well advanced is baffled everyday by weird things. Pain is a bitch to actually diagnose from a clinical perspective, especially if there is nerve damage....

Sucks man - move on, start your own company and don't let the system take you down....

UofCinLA,

I'm working on becoming a writer. I'm hoping to start a home business or end up with a short commute to a desk job as soon as I get loose from work comp. I could never do internet porn because it profits off the subjugation and objectification of fellow human beings.

My AME is the one who recommended the Morphine pump or electro-stim device. My own doctors want to do a diskogram and CT scan to isolate the source of the problem. I have a lot of scar tissue and nerve damage in addition to an annular tear at L5-S1. I'm basically screwed, but am not about to allow them to turn me into a zombie or frankenstein. I keep trying to slowly make progress and hold on to it. It is a long and difficult journey, and far from over. My company is great, and is waiting for me to be released to work in some capacity so they can find a spot for me.

The work comp system has made me lose my confidence in their methods, and at times my own self-confidence, but it will never make me lose my faith in God and His plan for me, which is my wellspring.

sangfroid,

You are so right about the symptoms, and the way the flexion test is just another sellout. I can still almost touch my toes, but when I straighten back up, its like getting hit with a bolt of lightning. Arching my back the other way can be just as bad. Watch out for the crazy convulsive abdominal spasms that follow bad flareups or impingements, they can be deadly if you don't get them to stop right away.

Hang in there, man. You are young and athletic, thats an advantage. I'm trying to get a Total Gym to provide aerobic exercise, the sliding bench isolates your back and hips so you can work up a sweat before the pain shuts you down. They're not cheap, but worth it.

You're not going mad, thats the normal reaction to this situation. I've shifted my hobbies from surfing, basketball, and softball to reading, writing, and model building. I want to start drawing, maybe even painting, too.

Let me leave you with this from the healing prayer;

"For it is in being uncertain and not in control that we find true faith, in knowing the limits of mind and body that we find wholeness of spirit"

May the healing power of the Holy Spirit come to you and through you.

[edit on 6-7-2005 by Icarus Rising]

Oh, and one more thing. Let's not forget the Work Comp system is a wonderful way to get people addicted to opiates. From the way it operates, that may be its primary function, and one of the only things it does effectively.




[edit on 7-7-2005 by Icarus Rising]

Icarus,
that diskogram can be brutal. they made me get one to prove the disk was torn even though the doc pointed it out on the mri. For those who dont know, the fluid in your disk is simmilar to battery acid. in the case of a torn disk that fluid leaks out and burns on the nerves. most unpleasent. with the diskogram, they shoot a big load of radioactive dye into the disk and then take a picture to see where exactly it is leaking from. itjust happens to coincedentally carry alot of the acid bath out of the disk and onto the surrounding nerves and tissue, increasing swelling and aggitation of the damaged area.
the last procedure on me was an IDET or Intra Diskal Electro Thermal therapy. basicaly, they go in with needles, wrap a heating coil around the annulus (outside of the disk) and cauterize the tear. again, extremely unpleasant for a couple months then slowly starts to get better. a little.

[edit on 7-7-2005 by sangfroid]

I think I know what you're getting at, sangfroid....but CSF isn't acidic to anywhere near the degree of battery acid; perhaps more to the point though, you might be confusing CSF with the disc material?

The pain you feel when you suffer a disk injury generally comes from disc material (which isn't liquidy really - it's more "pulpy" in nature) pressing against the nerves along the spinal column.

There's some good info here about the
mechanics of back pain.

Helpful info here, too

Acid isn't causing the pain you feel during these procedures.

Hope this helps though.

the fluid in your disk is simmilar to battery acid. (posted by sangfroid)


No offense Tinkleflower, but I think sangfroid knows the difference between CSF and disc material/fluid by now. I do, I was given a spinal tap and drained a bunch of CSF off trying to seal a leak caused by the surgeon who performed my first back surgery. It didn't work, but it was an interesting experience. You can read about it on the thread linked below, if you are interested.

Morphine-induced OOBE during spinal tap

I have changed my mind about the blood they were drinking being Morphine laced, though. Now I think the nurse took it before she gave me the morphine. What do they need with Morphine? They have plenty. What they need is clean blood to rejuvenate themselves.

[edit on 8-7-2005 by Icarus Rising]

None taken

The point of my previous post simply being - it's not any "acidic fluid" leaking out that causes pain; simply because there is no acidic fluid there to leak out.

Having nursed both myself and a husband through two major back surgeries (in addition to working in the medical arena for more than a few years), I'm also more than a little familiar with the goings-on of back injuries and the associated trauma.

But your post is appreciated nonetheless.

Not trying to say that you are uninformed, just that you may have misinterpreted sangfroid's post.

From my understanding, the material inside the disc (not the annulus, but at the center of the disc) has the consistency of snot.

[edit on 8-7-2005 by Icarus Rising]