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Author Topic: EMPLOYERS...WHY ARE THEY DOING THIS?  (Read 3485 times)

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Offline Holly

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EMPLOYERS...WHY ARE THEY DOING THIS?
« on: September 24, 2004, 09:20:21 PM »
You guys know that I fell and fractured my femur about 7 weeks ago...my doctor put me on disability while we try to see if the bone stimulator will manage to heal the fracture without having us having to go in and do new surgery.  Right?  So, like a good citizen and needing the disability insurance payments, I sent my employers (2 for the last 18 months) the forms to complete and a SASE.  Since I have to get the forms in by next week, I called both employers ONLY TO FIND THAT THEY'RE ANGRY AND REFUSING TO FILL IN THE FORMS!!!  WHAT?!? ??? :o  Is it me?...Did I somehow do something to them?   I've always been a model employee...worked extra hours without asking to be paid...worked through pain...was never late, or difficult, and helped out even in areas where it wasn't my responsibillity, just because I happened to have some expertise in other fields.  I even made costumes for their children and wrote promotional materials for them!  Now, since I was re-injured and need financial support (TO WHICH I'M ENTITLED!), they not only are trying to refuse to do it, but they're ANGRY WITH ME?!?  What's that about?

I understand that they don't want to be "charged" for my disability claim...I know how that works.  But how is it my fault that I'm suffering now and need the payments I'm entitled to and have been paying into all my working life?  These people, who claimed to be my friends, won't even talk to me!  It's not like I'm suing them...I'm not trying to get rich.  You guys know me better than that.  I just want to collect D I S A B I L I T Y!!

It's not just about the money.  I don't understand why these people are turning on me.  It really hurts, I guess.  I mean, I'm in pain and somehow they think I shouldn't get disability?

Life's mean sometimes.

Hugs all.

Holly
1998 run over by car;Rt knee lat menisc/med menisc tear, ACL/MCL tear, patella frx, tib frx, femur frx, 4 scopes repr menisc/repr lig/debride pat, open MCL rpr, dbl osteot3/04;MUA,lysis6/04;scope10/04

Offline Nettan

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #1 on: September 24, 2004, 09:34:28 PM »
Hey Holly !!

What awful people treatin you like this !! But if you have the rights on your side don't give up. Maybe your doc can call them and talk to them and explain how things are for you. My doc did that when I had trouble. Ok it's not docs job to do ,but to help you heal it can be a good solution. Ask, you can't get more then no.
A lot of hugs to you Holly from me !!

Nettan  ::)
Surgery 6 times left knee torn meniscus, RSDS,chondromalacia, nervdamage cause constant nervpain,chronic inflamm.
Spinaldamage wheeler 100%.
Right knee damaged aug-06, use brace surgery 4/9-07.LCL tear.

Offline BuffettBarbie

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #2 on: September 24, 2004, 10:11:09 PM »
Holly,

There's usually a deduction from your paycheck to go towards disability insurance.  Meaning- you have paid for this insurance, so they can not deny you what you are entitled to.  Hence, gather all pay stubs, contracts and make a visit to your nearest legal office.  This is a bad can of worms for your employers to open.  Best of luck!

Hugs,
Chris  :)
Lateral Release- Left Knee (Feb 2001)
Lateral Release- Right Knee (April 2001)
Fulkerson's TTO, Lateral Release, & Scope- Right Knee (20 Aug 2004)

Offline Teresa_S

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #3 on: September 24, 2004, 10:20:59 PM »
Holly, is this a self paid disability that is not through your employers, and that is why you sent it to two. AS my dis.ins was through the employer, and the initial contact had to be made by th employ er, who did and then the co. sent me a form to fill out and another for my dr. to fill out, after the initial claim, they just sent me the forms, every three to six months, and I took one to the dr. and picked it up and faxed both back to the carrier. The disability payment is usually based on the amount of money you were making at the time, and that would be what the employer needs to send. BUT mine just sent copies of my last years pay stubs, and then the disability carrier figured the % I would receive. and it continued  for two years, then it becomes permanent disability and that is a big problem. Hope it gets straightened out and if you have you stubs for the time needed why not offer the disability carrier those. Later, Teresa
On going instrumentation failure, chronic infection,
Arthroscopes Left 11 Right 2, MRSA, L TKR  ,  Revision, LR x5, Medial and lateral meniscus repair, Broken prosthesis
Osteochondral Fracture,untreated 6 mths. Revision new tkr 01-07 awaiting new hip and right knee
R TKR pending

Offline Heather M.

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #4 on: September 25, 2004, 02:53:34 AM »
Holly,

You and I are both learning the meaning of the words "No good deed goes unpunished."  

After today, you see my point.  Nice guys finish last.  You are playing by a different set of rules, assuming that everyone is as honest, generous, and sensible as you are.  They are not.  Hon, you're going to have to fight dirty.  Send them a registered letter explaining their obligations--do it today.  Or is it past sunset already?  Whenever you can after Yom Kippur.  You've got to do it.  Show that you know your rights and you won't have them trampled.  Show up at the office to 'serve them' in person with a witness if necessary.

I'm so sorry you are going through this.  When I got laid off thee years ago, I went to apply for unemployment the next day.  It wasn't even enough money to cover my mortgage, and I had to go IN PERSON every week to collect it.  If I got any money from family or friends to help with my bills, and if unemployment office ever found out, that amount would be deducted from what they owed me and I'd have to give them a refund.  They have access to your bank records and tax returns if they want...it was so complicated and such a lousy deal that it really wasn't worth it for me to even apply for unemployment.  Unfortunately, that is usually the case for any skilled labor (white collar or skilled blue collar job).  And it is true as well for disability.

I'm really sorry that you are going through this.  We'd be hardpressed to find a kinder and more generous soul, and yet you're being dumped on.  I really don't know why.  Try not to let it get to you, but understand you can't set a precedent of them getting away with this....

Sending big ((((HUGS)))) and hoping that your Yom Kippur passes in a more tranquil fashion than it started.

Heather
« Last Edit: September 25, 2004, 02:57:41 AM by hmaxwell »
Scope #1: LR, part. menisectomy w/cyst, chondroplasty
#2-#5: Lysis of adhesions/scar tissue, AIR, patellar tendon debridement, infections, MUA, insufflation
#6: IT band release / Z-Plasty, synovectomy, LOA/AIR, chondroplasty
2006 Arthrofibrosis, patella baja
http://www.flickr.com/photos/hmaxwell

Offline Ron22

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #5 on: September 25, 2004, 09:44:46 AM »
hollly..so sorry this is happening to u..when i had my maquet the butcher who killed my hip had sent in paperwork pre-op that i would be back to work within 2 wks..even at this point..prior to that horrible op that had made all of my probs so much worse..what a mes...prayerrs and hugs..ronnie
Surgery #1 ACL/LR/Mdl Mesniscus
Surgery #2 Vascular Repair
Surgery#3 ACL/Ltl Mesniscus/MCL
Surgery#4 Vascular Repair
Surgery#5 Maquet/Bone Graft/Screw/LR/ACL
Arthritis/Knee/Hip
Necrosis/Hip
PFS/Chronomalacia
RSD
Vascular Issues
All on Right Leg

Offline Gab

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #6 on: September 28, 2004, 01:39:25 AM »
Oh Holly, I've been wondering of you have been doing lately, I'm so sorry to hear that you're not done with your problems..  :-/

In any event as we've talked before, employers here rarely have the best interest of their employees at heart so you have to take it to another level and fight on their ground. Make sure you cover your bases legaly, they are OBLIGED to complete the forms. I've noticed that threatening lawsuits always get things moving quicker, that's weird  ;)

Anyway I hope everything works well in the end, stay on top of things! Keep us posted!

Hugs!!
Francois
« Last Edit: September 28, 2004, 01:41:43 AM by Gab »
April 14th, 2004: Floor hockey accident, complete ACL tear (left knee).
June 11th, 2004: ACL reconstruction, patellar tendon autograft.
January 21st, 2005: Cyclops Lesion removal

Offline Leta_MT

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #7 on: September 29, 2004, 02:14:47 AM »
I know this is not your way...but can you spell LAWYER!!! This is insane and illegal!! Sometimes all it takes is a letter on legal letterhead. That's the problem...your "friends" don't think you will do this to them. DO IT, GIRL! No one is going to look out for you. You must do it yourself.

I am truly sorry that you are getting this unkind treatment! Obviously these people are NOT your friends and need to walk on the side of legality.

Hang in there! I am thinking about you and giving you all my best thoughts.

Leta
OA in both knees; patellar dislocation left knee 2/03; LR on left 7/03; PFR w/TTT, left 6/18/04

Offline Holly

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #8 on: September 30, 2004, 12:49:57 AM »
Dear Friends...all of you wonderful friends!

Well, against all my better instincts and inclinations, I contacted my attorney who advised my employers IN NO UNCERTAIN TERMS that if they failed to complete the forms and return them by today (9/29) they would be subject to up to $1,000/day fine assessed by the State of New Jersey.  It's not anything I did TO THEM...they're doing it TO THEMSELVES if they don't comply!  He sent the letters out on Friday and, sure enough, I got my responses from both former employers by Monday!!! (One even came by Federal Express - how do you like that?!).  It's amazing what the words "FINE" and "ATTORNEY" can do to motivate a person, right?  So, I guess you were all right and I was being naive to think that just because I had always been a good person and wasn't looking to "screw anyone" doesn't mean that they won't try to "screw me" anyway.  How discouraging! :(

ON A BRIGHTER NOTE...I went yesterday for new x-rays to bring tonight to my OS and they look (at least to ME) as though LOTS of healing is taking place.  Of course, I'm not an OS (and I don't even play one on tv - he, he, he!), but I've got my fingers, toes and eyes crossed that I'm reading the durned things right and that surgery will be averted.  YAY!!!  My husband keeps warning me not to jump to conclusions until the doctor says I can (at least not without my crutches and brace!), but I just have such a strong feeling that all is going my way this time! ;D  

I'm on my way to the OS now...I'll let you know what happens.

As always, I thank each and every one of you for your kindness and concern.  Good knee days to you all!

Hugs!

Holly
1998 run over by car;Rt knee lat menisc/med menisc tear, ACL/MCL tear, patella frx, tib frx, femur frx, 4 scopes repr menisc/repr lig/debride pat, open MCL rpr, dbl osteot3/04;MUA,lysis6/04;scope10/04

Offline Holly

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #9 on: September 30, 2004, 05:06:55 AM »
JOY OH JOY!!!

As I thought, my x-rays showed that my femur is, in fact, healing much better than it had been...no obvious evidence of the fracture we believed was there based on the pain I was having and other symptoms.  So, in attempting to figure out what was causing my on-going sometimes SEVERE pain, good old "hot OS" did some more manipulation and general poking around and...BINGO!  He hit on a very specific area in the medial part of my knee joint that nearly caused me to jump off the examining table.  Combined with my description of the snapping and locking I've had for the last 4 weeks (somehow I'd neglected to mention this to him before) and my husband's descriptions of my "sobbing in my sleep every time I turned over" (who knew I was doing that?), Dr. Levy decided to try something.  He shot my knee full of Marcaine to see whether removing THAT source of pain would remove the pain I'd been having.  Well, BINGO AGAIN...within 5 minutes of the injection I could walk nearly pain-free without the crutches and bend and extend my leg!

So...it would appear that, although I may well have injured my femur in the fall, that's healing O.K. and the on-going pain is probably coming from a cartilage tear, a bone fragment, or some such other thing in the knee joint itself that happened when I fell.  It just probably wasn't clear at first because of all the swelling, the "thinning" of the healing in the femur, and our obvious fear that it was the osteotomy that was damaged.  We weren't really looking for other answers, but (thank goodness) today we found one!  I'll be having an arthroscopy to see what's in there and then he'll either remove or repair the damage.  SO MUCH BETTER THAN THE ALTERNATIVE, RIGHT?

So be happy for me guys.  Personally, I'm thrilled.  ;D ;D ;D

HUGS, ALL!

Holly
1998 run over by car;Rt knee lat menisc/med menisc tear, ACL/MCL tear, patella frx, tib frx, femur frx, 4 scopes repr menisc/repr lig/debride pat, open MCL rpr, dbl osteot3/04;MUA,lysis6/04;scope10/04

Offline MHB

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #10 on: September 30, 2004, 06:23:56 AM »
Dear Holly,

Oh happy day! Your news has me smiling really big. Please know that I, as well as many many others I'm certain, are wishing you the best kind of outcome. Am also very glad you had the opportunity to locomote pain free for a bit! Let's hope that's just the beginning of what's coming your way in the joy department -- can't think of anyone who's done more to earn it.

Take care -- MHB
4/4/04 - Horizontal patella fracture
4/5 - ORIF 2 screws, figure8 wire, immobilizer, walker
4/16 -  cane
5/10 - no immobilizer
PT -- 5/17 to 6/8
OS Release - 7/12/04

Offline Teresa_S

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #11 on: September 30, 2004, 07:38:54 AM »
Holly, I think I would Pay big money for information that gave me that good of a feeling. LOVE THAT MARCAINE, Had 15 cc or injectedthis summer, and had three wonderful painfree, hours, walked like I used to, and thought my , I need this in a constant drip. Glad you are feeling better, and that things are looking up  Teresa
On going instrumentation failure, chronic infection,
Arthroscopes Left 11 Right 2, MRSA, L TKR  ,  Revision, LR x5, Medial and lateral meniscus repair, Broken prosthesis
Osteochondral Fracture,untreated 6 mths. Revision new tkr 01-07 awaiting new hip and right knee
R TKR pending

Offline Holly

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #12 on: September 30, 2004, 06:34:17 PM »
Thanks for your lovely thoughts Nell and Teresa.  I'm of the belief that KNOWING is always more than half the battle...I can deal with whatever has to be done, as long as I know what I'm up against.  I would even have been able to cope with the other possible scenario (removal of hardware and insertion of rod in my femur) had that been the case, just as long as I was confident that we had found the problem, you know?  But this new diagnosis sure as heck is way better! ;D

Poor Teresa, I know you're dealing with so much unknown and so many unresponsive and impossible doctors right now.  It's beyond horrid what you've been going through - and you are way too sweet a person to be on the sh*t end of that stick!  Not that anyone here deserves to suffer...of course they don't.  But you've been such a source of comfort and support to so many on this site that it pains me to think how brutally you're being treated now - and all because the DOCTOR and the MANUFACTURER MESSED UP!!!  I'll continue to follow your posts and pray for a happy outcome for you as well, my friend!

Hugs to all...and I wish you all good knee days!

Holly
1998 run over by car;Rt knee lat menisc/med menisc tear, ACL/MCL tear, patella frx, tib frx, femur frx, 4 scopes repr menisc/repr lig/debride pat, open MCL rpr, dbl osteot3/04;MUA,lysis6/04;scope10/04

Offline Leta_MT

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #13 on: October 01, 2004, 01:32:37 AM »
Yeah, Holly!!  ;D

So glad to hear your news! I knew Dr. Hottie would find the problem and help. This is a great way to end the story.

I am sorry that you had to get rough with your ex-employers. Sometimes that's what it takes. People who have never dealt with this type of thing can't possibly understand. To them, it's "all about them", and you are the one taxing their gig! I know it was hard and not your kindhearted way to use the big stick, but I'm glad you did and that is one less thing you have to worry about.

Have a lovely evening and take comfort in your good news of the day!

Leta
OA in both knees; patellar dislocation left knee 2/03; LR on left 7/03; PFR w/TTT, left 6/18/04

Offline Nettan

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Re: EMPLOYERS...WHY ARE THEY DOING THIS?
« Reply #14 on: October 01, 2004, 09:33:43 AM »
Hey Holly !!

This is wonderful news !! I love marcaine has helped me lot of times when having circle of pain hard to break.
I hope now that everything continues in a brighter way for you. Don't give up keep your positive attitude up.
Hugs to you from me.

Nettan  ::)
Surgery 6 times left knee torn meniscus, RSDS,chondromalacia, nervdamage cause constant nervpain,chronic inflamm.
Spinaldamage wheeler 100%.
Right knee damaged aug-06, use brace surgery 4/9-07.LCL tear.















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