Monthly Archives: November 2011

Monday Workers’ Compensation Q&A: I filed a report and notified my supervisor. What else?

QUESTION: I FILED AN ACCIDENT REPORT AT WORK AND NOTIFIED MY SUPERVISOR. DO I HAVE TO DO ANYTHING ELSE?

ANSWER: YES! THE C-3 CLAIM STILL MUST BE FILED WITH THE WORKERS’ COMPENSATION BOARD BY THE INJURED WORKER.

Right before going on a cruise with his lovely wife for their 25th wedding anniversary, Joe got a pretty bad gash on his arm while fixing a pipe at work. The ER fixed him up quickly and when Joe got back to the office, he filed an accident report and then notified his supervisor, Mike in writing. Mike stuck his head out of the office and told Joe he would take care of the rest and to “get the hell out of here and enjoy that cruise!” Thinking he had covered all his bases to receive Workers’ Compensation, Joe gathered up his work gear and headed out to sail the next day to the Caribbean.

Stop, Joe! Stop!!

When a worker is injured HE or SHE must file a C-3 Claim with the Workers’ Compensation Board. It is the worker’s obligation to file this claim, NOT Continue reading →

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Tornadoes: What Would Happen to Mark Lindquist in New York State?

Last week's tornadoes in the Southeast remind us that they can happen anywhere.

Thursday’s terrible tornado in North Carolina reminded me that these deadly events can happen anywhere, any time.

Workers’ compensation and tornados have been in the news a lot lately, partly because of the case of social worker and first responder Mark Lindquist, his miraculous survival, and his fight for workers’ comp.

Lindquist was at work when a deadly tornado touched down in Joplin, Missouri, last spring. That night he heroically saved 3 developmentally disabled adults, but in the 200 mile an hour gusts Lindquist lost all of his teeth, broke every rib, and ended up in a coma that lasted several months. His medical bills amounted to $2.5 million.

The Accident Fund Insurance Company of America, his company’s workers’ comp provider, initially denied the claim. However, recent news reports and public outrage resulted in a miraculous reversal by the insurance company on the issue of compensability.

So, what would have happened to Mark Lindquist if he had been employed in New York?

Well, in New York State Continue reading →

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Monday Workers’ Compensation Q&A: If I Am Disabled, Do I Need to Look for Work?

If you are receiving workers' compensation, you must be employed or looking for work.

While you are not required by law to look for work as a condition to receiving your benefits, the Workers’ Compensation Board has established its own standard that allows insurance companies to stop your payments if you cannot demonstrate that you are “attached to the labor market.”

What exactly does that mean?

Even if a doctor has declared you too disabled to work in your current job, you must look for work. You must show a good-faith effort to explore real job postings that are appropriate for your disability. To be acting in good faith, the work you look for must be within your personal restrictions as determined by your doctor. For example, if you are prohibited from lifting more than 20 pounds, then applying for jobs as a UPS delivery person may not satisfy the Board’s requirement.

Further, the Workers’ Compensation Board may require that you *prove* “attachment to the labor market” as a condition to you continuing to receive benefits. To do this, we recommend that you keep a good record of your efforts to find work, even if you are not able to find a new job. A simple way to record your efforts is in a diary, either paper or electronic.

When keeping a job search diary, you should do the following:

  • Keep it in real-time. Don’t wait a month and try to re-create your efforts.
  • Include who you have spoken to, what newspaper job listing sections you read, the internet job sites you search or other things you are doing to find a job.
  • Keep entries for all jobs you apply for.
  • If you get an interview, make a note of it. Write down who you interviewed with and your contact in the human resources department.
  • Keep track of the jobs you are professionally qualified for but don’t apply for because of your disability.

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Drug Watch: Statins Can Cause Muscle Damage

Statins (also known as HMG-CoA reductase inhibitors) are a class of drugs used to lower cholesterol levels. Increased cholesterol levels have been associated with cardiovascular diseases, and statins are used in the prevention and treatment of these diseases.

As of 2010, the names of statins on the market were as follows:

Many patients take generic rather than brand name versions of these drugs, and a number of newer statin medications are actually combination drugs that include a statin plus another medication.

Approximately 5 to 10 percent of patients who take statins have experienced muscle aches and pains that are caused by the drug, but just put it down to “growing older.”

Approximately 5 to 10 percent of patients who take statins have experienced muscle aches and pains that are caused by the drug, but just put it down to “growing older.” A recent survey of such people who said they experienced these and other side effects noted that they had attempted to speak with their doctors about these side effects, but found that overwhelmingly (87 percent of the time), their doctors ignored or dismissed their concerns. The FDA has warned that taking the maximum recommended dose of 80 mg of simvastatin (Zocor and generic) could cause muscle damage. The statin drug Baycol (also known as cerivastatin) was recalled in 2001 due to muscle toxicity.

High doses of statin drugs have been linked to an increased risk of a life-threatening form of muscle breakdown called rhabdomyolysis, which can lead to permanent kidney damage, coma and even death. When Baycol was recalled, it was noted that it was 8-times more likely to cause rhabdomyolysis than other statins on the market. There have been concerns for many years that patients who take Crestor Continue reading →

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Monday Workers’ Compensation Q&A: My employer paid my salary, do I still have to file a claim?

QUESTION: MY EMPLOYER PAID MY SALARY WHILE I WAS INJURED AND OUT OF WORK. DO I STILL HAVE TO FILE A WORKERS’ COMPENSATION CLAIM?

ANSWER: THERE IS MORE TO A CLAIM THEN PAYMENT WHILE OUT OF WORK ?

Joe’s boss, Mike was a great guy. In fact, when Joe got badly hurt at work and was out for weeks, Mike paid Joe’s salary every week. When Joe got back to work, he hesitated filing a Workers’ Compensation Claim. After all, Mike had paid his salary the weeks he was out. And Joe didn’t want to appear ungrateful or greedy. What should he do?

File, Joe!! File!!!

If Mike drew Joe’s salary paid from Joe’s accrued sick or vacation time, Joe would not get that time back unless he filed a claim. That means the eight weeks of vacation and sick time Joe had coming to him had been put toward the time he spent recuperating at home. Unless Joe submitted a claim, he’d have to start from scratch to build up vacation and sick time.

“Aside from the monetary award, there is lifetime medical coverage for a Workers’ Compensation Claim.”

The payment of wages is only a small portion of a Workers’ Compensation Claim and NOT the only thing Joe is entitled to. In an earlier column, an injured worker can make a claim for a schedule loss of use if an extremity is injured even if salary was paid.

More importantly, Continue reading →

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Drug Watch: Yaz & Yasmin’s Misleading Ads and Dangerous Side Effects

Yaz and Yasmin put women at a higher risk for potentially lethal side effects than other birth control pills.

Yaz, Yasmin and Ocella (Generic Yasmin) birth control have made billions of dollars for Bayer and Berlex, who have advertised the oral contraceptives not only for birth control, but also as a cure to acne and premenstrual problems. Tragically, thousands of young women have paid the ultimate price with lethal side effects ranging from blood clots to heart attack, gallbladder injuries and sudden cardiac death.

Tragically, thousands of young women have paid the ultimate price with lethal side effects

Medical experts believe that safety issues relating to blood clots may have surfaced as early as 2001 in the clinical trials for Yasmin. Recent evidence suggests that Berlex, the drug’s original manufacturer, and its successor, Bayer, knew as early as 2003 that users of Yasmin faced twice the risk of suffering blood clots as patients using competing products. Yet, the companies invested millions in advertising, Continue reading →

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Monday Workers’ Compensation Q&A: I didn’t tell my boss within 24 hours…

Don't hesitate to report your accident, even if it's been days since it happened!

QUESTION: I DID NOT TELL MY BOSS WITHIN 24 HOURS ABOUT THE ACCIDENT I HAD AT WORK. DOES THIS MEAN I CANNOT COLLECT WORKERS COMP?

ANSWER: THERE IS NO 24-HOUR REPORTING REQUIREMENT UNDER THE COMPENSATION LAW

Joe was working on one of the old boilers at the old Jefferson High School when he tripped over a wrench. Banged up his knee pretty bad. After the ER visit, the X-rays, the knee brace, and the really good painkillers, Joe went back to work intending to let his boss know of his injury and to file Workers Comp paperwork. But one thing led to another and it wasn’t until three days later that Joe remembered he hadn’t told his boss or had filed any paperwork.

Joe panicked. Wasn’t there a rule that in order to file a Workers Comp claim, you had to have told your boss within 24 hours of the accident? That ER bill was steep and paying out of pocket would really blow his already-stretched paycheck. Joe was so pissed he would have kicked the wall if his knee didn’t hurt so much.

Don’t give up, Joe! File, Joe!! File!!

An injured worker does not have to notify his or her employer within 24 hours to collect benefits under the Workers Compensation Law. He or she may have to notify an employer within 24 hours to make sure they are entitled to certain benefits from the employer or their union. BUT the Compensation Law is different. It requires that notice of the injury be provided within 30 day of the accident. This notice can be provided orally or in writing.

Keep in mind it is ALWAYS better to Continue reading →

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