Hello,
Much of what I write here will seem absolutely crazy. I think it's crazy and embarassing. I wouldn't put this info out there if I wasn't desperate to find SOMEONE with some insight. I have reached a very critical point in my WC case and I don't know what to do.
I wanted to ask specific questions, but I don't even know what to ask. I'm not stupid, but I have a learning disability which makes taking in information difficult at times. I get confused easily.
Here is some background.
I have had a long standing Workers Comp. case. Over 10 years worth.
I have had my present attorney for 3 years.
Over that time, I have been kept out of my place of employment for much of the last decade with no work and a very small paycheck. I have taken any opportunity to work when offered. I have been re-injured several times including torn muscles in the arm with the initial injury. There is much to say here, but I'm trying to be brief.
I was denied access to Vocational Rehab. after many years of no employment. Being told that it was "unnecessary" and they would find me something to do. I didn't know any better and I believed they wanted me to work. Not to mention I was terrified to lose my job.
I have had my personal information in my medical file discussed in front of members of my plants general population... as an example of "one f'd up individual". I made my feelings known by politely askiing the staff to stop. I was sent home from work 2 days later.
I was offered a "buyout" 2 years ago. I refused as it didn't include health care. I was sent back home.
I hadn't been employed for some time and I had to make a choice to keep my apartment or keep my car. I was three weeks into the month, not yet 30 days late. I decided to keep my car. I made an agreement with the company which held my lease as I needed to save money so I could keep my credit in good standing. My lease was to expire in three months anyway. I lived in my car for a while and eventually found a family friend who rented me her attic for a small fee. This company then broke the agreement and repossessed my vehicle the day before I was to start paying as per our "verbal" agreement. I never received a notice or a phone call that I was in violation of anything.
They told me I had 30 days to get caught up, they sold the car 15 days later. It was then that I found out the company that held the lease on my car was owned by the company that owned my employer.
A week later I was kicked off of Workers Comp. and put on layoff. Because I hadn't worked the previous year, I discovered I wasn't eligible for Unemployment. I eventually got access to something called sub-pay offered by my employer.
After settling in to my friends attic space. (no bed at first, mattress and suitcase was all I had left by this time). Payroll had "trouble" sending checks to my bank account I had trouble paying for medical co-pays. I even suffered a seizure after I had to stop my medication because I couldn't afford it.
I was transfered to another plant and called back to work. I had no car of my own so I had to rent vehicles. The new plant said they couldn't use me with my restrictions and made me get more information from my doctor about my injury. My doctor sent them a lengthy letter explaining how serious my injury and situation was. They then cut off my sub-pay, reducing my pay to a one week paycheck.
I was continually called back to work to see the plant physician. I did my best to comply, but the costs were getting too great and I eventually lost my room to rent. I lived in rental cars for a while. After a few weeks I was allowed to stay with a family member.
They then stopped paying me anything at all. They still required me to get to the plant doctors office for check-ups. I had to constantly call my doctor to make appointments. I couldn't afford the co-pays for him and my medication and had to stop one. He and my Psychologist sent letters to my employer on my behalf telling them what my injuries were and how desperate my situation was.
Then my health care provider after 3 years indicated that they would no longer pay for a specifc medication. The PHARMACIST then told them what would happen if they abruptly cut off this medication. They relented and authorized it. A month later, they said they wouldn't pay for another med I was taking (I took three). I would have to see my psychologist and get an exam and find another medication. I set up an appointment to see the doctor as fast as I could.
Before I got to see that doctor, I was sent a letter from my employer indicating I had to either show up at the plant or get yet another letter (letter was from the Human Resources manager and wasn't even signed.) from my personal physician explaining why I wasn't at work. My doctor exploded and sent the letter that day. I called employment for 5 hours and got no response. I called another person in the plant and asked if they would check to see if they had gotten the information. I was informed that everything was ok.
The day after next I got a letter at home indicating I was fired. They said I was supposed to physically deliver the letter. The letter says show up OR send a letter from my physician explaining my absence. After a while they changed saying the letter didn't have enough information.
After this, I finally, after 10 years got assigned a court date for a WC trial. It was postponed twice because the my employers attorney had other engagements. I eventually got another date.
No mind you, I never once in 10 years received help from my union. I have made numerous calls to my local even wrote letters sending one to the national level. I have had excuses from the local and no response from the National.
My attorney all along was very supportive verbally, but I've seen him maybe 6times, and talked to him perhaps 20 times in 3 years. He seemed to be interested and always offered me hope when I got to talk to him. I know this isn't how an attorney should treat his client, but no one would take my case. I had to ask the state to set me up with one as I had so many problems with attorneys here not wanting to get involved. They don't make much money on the cases so they have to "assembly line" them to make money. Getting people to settle is usually the way they do it.
However, at my last court date I had my witnesses that my attorney said I should bring and was ready to go. They started the trial by taking something called stipulations. Then the magistrate asked the opposing attorney is she had witnesses. She did. The magistrate then asked my attorney if he/I had witnesses. My attorney said no. Me and my witnesses that were in the room were shocked. the opposing attorney the smiled at my attorney and asked he judge if she could postpone the trial as she had a family matter to attend to.
After leaving the court room, I asked my attorney why we weren't using the witnesses. He avoided the question. I was upset and then asked him so what's going to happen am I going to lose and end up with nothing? He then said no, maybe a security guard or something. I then said since the company fired me they aren't feeling the pinch any longer. He said yep, this could go on for years and years. I asked him about his plan to sue the company for an unfair firing or make it a civil rights issue if we have trouble. he looked at me and said no, I need to contact the NLRB? (I had never heard of this before). He said I better do it quickly because you only have 6 months and it's been 4 since I was fired. This is a complete 180 from his original attitude. My uncle and I just stood there. We didn't know what to say.
He left saying he'd see me in June. We drove home.
I feel I have been led down the garden path as my grandmother used to say.
I know this is way too long.
I hope someone here can read what I've written and tell me what I should be doing. I have tried for a very long time to get help. I've always been a loyal employee, never caused trouble and my injury is legitimate.
My union has abandoned me, I can't get any other attorneys to help. The WC attorneys are a fairly small circle. They don't like to step on each others toes. I have never been able to find an attorney that puts justice before profit. I know they exist, but I'm too stupid to find them I guess.
I hope it's not too late. I could really use the help.
Much of what I write here will seem absolutely crazy. I think it's crazy and embarassing. I wouldn't put this info out there if I wasn't desperate to find SOMEONE with some insight. I have reached a very critical point in my WC case and I don't know what to do.
I wanted to ask specific questions, but I don't even know what to ask. I'm not stupid, but I have a learning disability which makes taking in information difficult at times. I get confused easily.

Here is some background.
I have had a long standing Workers Comp. case. Over 10 years worth.
I have had my present attorney for 3 years.
Over that time, I have been kept out of my place of employment for much of the last decade with no work and a very small paycheck. I have taken any opportunity to work when offered. I have been re-injured several times including torn muscles in the arm with the initial injury. There is much to say here, but I'm trying to be brief.
I was denied access to Vocational Rehab. after many years of no employment. Being told that it was "unnecessary" and they would find me something to do. I didn't know any better and I believed they wanted me to work. Not to mention I was terrified to lose my job.
I have had my personal information in my medical file discussed in front of members of my plants general population... as an example of "one f'd up individual". I made my feelings known by politely askiing the staff to stop. I was sent home from work 2 days later.
I was offered a "buyout" 2 years ago. I refused as it didn't include health care. I was sent back home.
I hadn't been employed for some time and I had to make a choice to keep my apartment or keep my car. I was three weeks into the month, not yet 30 days late. I decided to keep my car. I made an agreement with the company which held my lease as I needed to save money so I could keep my credit in good standing. My lease was to expire in three months anyway. I lived in my car for a while and eventually found a family friend who rented me her attic for a small fee. This company then broke the agreement and repossessed my vehicle the day before I was to start paying as per our "verbal" agreement. I never received a notice or a phone call that I was in violation of anything.
They told me I had 30 days to get caught up, they sold the car 15 days later. It was then that I found out the company that held the lease on my car was owned by the company that owned my employer.
A week later I was kicked off of Workers Comp. and put on layoff. Because I hadn't worked the previous year, I discovered I wasn't eligible for Unemployment. I eventually got access to something called sub-pay offered by my employer.
After settling in to my friends attic space. (no bed at first, mattress and suitcase was all I had left by this time). Payroll had "trouble" sending checks to my bank account I had trouble paying for medical co-pays. I even suffered a seizure after I had to stop my medication because I couldn't afford it.
I was transfered to another plant and called back to work. I had no car of my own so I had to rent vehicles. The new plant said they couldn't use me with my restrictions and made me get more information from my doctor about my injury. My doctor sent them a lengthy letter explaining how serious my injury and situation was. They then cut off my sub-pay, reducing my pay to a one week paycheck.
I was continually called back to work to see the plant physician. I did my best to comply, but the costs were getting too great and I eventually lost my room to rent. I lived in rental cars for a while. After a few weeks I was allowed to stay with a family member.
They then stopped paying me anything at all. They still required me to get to the plant doctors office for check-ups. I had to constantly call my doctor to make appointments. I couldn't afford the co-pays for him and my medication and had to stop one. He and my Psychologist sent letters to my employer on my behalf telling them what my injuries were and how desperate my situation was.
Then my health care provider after 3 years indicated that they would no longer pay for a specifc medication. The PHARMACIST then told them what would happen if they abruptly cut off this medication. They relented and authorized it. A month later, they said they wouldn't pay for another med I was taking (I took three). I would have to see my psychologist and get an exam and find another medication. I set up an appointment to see the doctor as fast as I could.
Before I got to see that doctor, I was sent a letter from my employer indicating I had to either show up at the plant or get yet another letter (letter was from the Human Resources manager and wasn't even signed.) from my personal physician explaining why I wasn't at work. My doctor exploded and sent the letter that day. I called employment for 5 hours and got no response. I called another person in the plant and asked if they would check to see if they had gotten the information. I was informed that everything was ok.
The day after next I got a letter at home indicating I was fired. They said I was supposed to physically deliver the letter. The letter says show up OR send a letter from my physician explaining my absence. After a while they changed saying the letter didn't have enough information.
After this, I finally, after 10 years got assigned a court date for a WC trial. It was postponed twice because the my employers attorney had other engagements. I eventually got another date.
No mind you, I never once in 10 years received help from my union. I have made numerous calls to my local even wrote letters sending one to the national level. I have had excuses from the local and no response from the National.
My attorney all along was very supportive verbally, but I've seen him maybe 6times, and talked to him perhaps 20 times in 3 years. He seemed to be interested and always offered me hope when I got to talk to him. I know this isn't how an attorney should treat his client, but no one would take my case. I had to ask the state to set me up with one as I had so many problems with attorneys here not wanting to get involved. They don't make much money on the cases so they have to "assembly line" them to make money. Getting people to settle is usually the way they do it.
However, at my last court date I had my witnesses that my attorney said I should bring and was ready to go. They started the trial by taking something called stipulations. Then the magistrate asked the opposing attorney is she had witnesses. She did. The magistrate then asked my attorney if he/I had witnesses. My attorney said no. Me and my witnesses that were in the room were shocked. the opposing attorney the smiled at my attorney and asked he judge if she could postpone the trial as she had a family matter to attend to.
After leaving the court room, I asked my attorney why we weren't using the witnesses. He avoided the question. I was upset and then asked him so what's going to happen am I going to lose and end up with nothing? He then said no, maybe a security guard or something. I then said since the company fired me they aren't feeling the pinch any longer. He said yep, this could go on for years and years. I asked him about his plan to sue the company for an unfair firing or make it a civil rights issue if we have trouble. he looked at me and said no, I need to contact the NLRB? (I had never heard of this before). He said I better do it quickly because you only have 6 months and it's been 4 since I was fired. This is a complete 180 from his original attitude. My uncle and I just stood there. We didn't know what to say.
He left saying he'd see me in June. We drove home.
I feel I have been led down the garden path as my grandmother used to say.
I know this is way too long.
I hope someone here can read what I've written and tell me what I should be doing. I have tried for a very long time to get help. I've always been a loyal employee, never caused trouble and my injury is legitimate.
My union has abandoned me, I can't get any other attorneys to help. The WC attorneys are a fairly small circle. They don't like to step on each others toes. I have never been able to find an attorney that puts justice before profit. I know they exist, but I'm too stupid to find them I guess.
I hope it's not too late. I could really use the help.
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