posted
Okay, I can't deal with this. Please give me advice, O Hatrackers of Wisdom.
Today is October 10. August 10 was when the elevator fell. I have been in more or less constant low grade pain for two months now.
There've actually been two days during this all that were completely pain free. Tease days, I call them, because it was worse then ever the next day.
I'm giving a statement on Friday to the lawyers for the insurance companies of the two companies I'm trying to hammer. I swear I never thought I'd ever sue anyone. Most lawsuits seem to me like people getting grabby for no legitimate reason. That'll teach me, huh?
Over the weekend, I popped a total of 3 Vicodins. The problem with Vicodin (or even T3) is that it knocks me flat on my arse, and I'm fuzzy for hours after I wake up. So it's no good at work. It's not even a good idea the night before work.
I've been to synagogue like four times since this happened. Maybe five. Each time, we've had to rent a wheelchair temporarily, because the synagogue we go to is a mile and a quarter from our house. Normally, that's not a big deal. But normally doesn't apply at the moment.
I've had an MRI, two x-rays, 6 hours of physical therapy, and a bone scan. The neurologist thinks the bulging disk in my lower back is causing the pain. The orthopedist thinks it's the soft tissue in my leg (since the bone scan was negative). Either way, it hurts just the same.
I had a kidney infection 2 years ago. This isn't that kind of pain. It's not so sharp and vicious that it makes me levitate. I feel like someone is holding a metal bar crosswise across the top of my right shin and is pressing down. And God help me if I bark my shin.
I'm sleeping terribly (<--edited), and I'm told that low grade pain prevents you from getting to deep sleep. As a result, I'm having extremly vivid dreams. But I'm dead exhausted. I'm having a terrible time concentrating on anything for more than a couple of minutes. Probably why I'm doing so much forum posting.
To get to work, I have to drive to the train station, walk a block from the garage there to the entrance, go up (thank God) an escalator, and pray that there'll be a seat for me, because I'm not going to ask anyone to stand for me. When the train gets there, I have to go down three flights of stairs to the street, walk two and a half blocks, go through security, walk another block (about) to the elevators. Yeah, those elevators. And then about two blocks once I'm on my floor over to my cubicle.
Going home is worse, both because I have to do those three flights going up, and because there's no down escalator at the Howard Street station where my car is.
I can't afford the 2/3 pay they'll give me from workers comp, but I feel like I'm cheating my employer. I'm wicked smart and wicked fast, and I'm far more valuable to them than I'm showing right now. I know they're willing to be tolerant, because they've already admitted it's a worker's comp thing, and they're feeling lucky (but wary) about the fact that they aren't among those I'm suing (because it's not their fault, so far as I can see), and don't want to risk me changing my mind and behaving more like the typical American.
But I feel like a leech. I keep thinking maybe I should go and talk with my boss about it. But I don't know what good it'll do. I've put on between 10 and 20 pounds since the accident, just because I can't run up stairs or do the treadmill anymore, and that's making my leg hurt even more. Vicious cycle. Oh yeah, and I eat when I'm upset (she said, staring at a 9 oz. container of cashews that lasted all of an afternoon one day the week before last).
What do I do? I've tried forcing myself to focus by sheer will. No luck. I can't find a single thing that will relieve the pain without knocking me out.
Posts: 12266 | Registered: Jul 2005
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posted
Lisa, I am a nurse with a level of expertise in palliative care. There may be modes of pain management that are effective and tolerable.
Ask for a referal to a chronic pain specialist or chronic pain clinic. They are more likely to know how to deal with your pain, and can prescribe other treatments.
TENS unit is a non-drug therapy that can give remarkable relief. Lidoderm patch is a topical analgesic that won't cause systemic side effects like drowsiness or constipation.
There are other cool things that niight help, but you need to see a doctor with a specialty in palliative care.
posted
I'm not sure what L&D is, but I was told by our benefits department that I get something like 66%, and that only after I'm out for long enough.
Esther, I'll call Unicare and see what their coverage is about pain stuff. Thanks.
I've tried Ultracet (Tramadol), T3 (Acetomenophin/Paracetamol with Codeine), Vicodin, Valium, Elavil. I don't know why I don't look like Chemo, from the comics.
Posts: 12266 | Registered: Jul 2005
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I *believe* that if your injury happened at work, you do not have to pay anything for medical care.They pay it. (Dag?)
Posts: 2711 | Registered: Mar 2004
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Yeah, they're paying that. I submit my copays from when I see the doctor, and that they're going to pay me 100%. But if I don't make it to work, and I don't have any more vacation or personal days, they won't pay 100% for that.
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posted
I know you don't like the idea of lawsuits but, perhaps, reconsidering a workman's compensation suit mught be an idea. My experiences with WC may be out of date, but it is different from a typical lawsuit. It doesn't assess blame or fault and it doesn't assign punitive damages. Or damages for "pain and suffering". It is usually decided by an adjudicator rather than a jury.
There are protections that accompany a WC suit that might not in another kind of settlement. In my experience, WC covered medical costs, "permanent disability" which is based on how much a body part is worth multiplies by the percentage of damage. (i.e. if an arm is worth $1000 and you are $25% disabled in that arm, you get $250.) A very important benefit, esp. with back injuries, is that, should the injury turn out to be worse than you thought, or have unforseen repercussions, you can reopen the claim later.
Perhaps one of the Hatrack lawyers can let you know if this is all still the case or if this is true in your state. (My case was in Illinois quite some time ago.)
Posts: 11187 | Registered: Sep 2005
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posted
Dag, I'm definitely represented by counsel. The statement I'm giving on Friday is at their offices. I'm suing two parties, and neither one is my employer. They asked, the day I went in there, whether to go after the comp as well. Which would mean suing my employer. I told them that there was only one instance in which I'd do that, and that's if I were to find out that they knew the elevator was screwy and didn't say anything. To the best of my knowledge, that's not the case.
But the building definitely did know, because it happened earlier that day. And ten minutes later, as well. And they have people from the elevator company on site every day, except that they left 50 minutes before my accident. So I'm angry. Really majorly angry. A good description of my anger would be inappropriate for this forum. I asked the building manager why they didn't just shut the elevator down, even if they couldn't fix it because the elevator people were gone for the day. He said that they outsource their electrical work, and he doesn't know where their electricians might have been at the time. I didn't ask why he didn't just tape a note to the elevator doors.
I feel like I'm on the Group B Bench over here.
Posts: 12266 | Registered: Jul 2005
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posted
Good. I think you're fine. You are almost certainly entitled to lost wages, including time you couldn't work due to pain. You can collect the long term disability now because that isn't fault-based. But 60% is the usual coverage. I don't know if worker's comp should be paying 100% of lost wages right now or not.
If you end up winning and getting the lost wages reimbursed, both you and the long-term disability company are eligible for reimbursement - you for the 40% you didn't get, and them for the 60% you did. When all is said and done, you should be fully reimbursed for wages. The worker's comp people may be able to collect for your medical expenses they've covered, too.
These details might vary, but your lawyers will fill you in. Just make sure to follow their advice about documenting absences with doctor's visits when needed. And keep very good records of anything you spend or get because of this. Taxes may get complicated for you.
Also, possible future problems is an important issue to keep in mind. Make sure your lawyers know this concerns you.
I hope your back gets better.
Posts: 26071 | Registered: Oct 2003
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posted
"Long term plan"? That's the problem. My next appointment with the neurologist is on Halloween. They said costumes were optional (I really did ask -- I'd snark if I were on fire). And the orthopod is sending me for a leg MRI to see what he can see, since he thinks it's the soft tissue now.
I could get either one of them to prescribe more PT for me. But I'm afraid to do so. The only part of that which was helpful was the electrostim on my leg, and it never lasted very long.
Amputation would probably cause more problems than it'd solve, yes?
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posted
The elevators fell THREE TIMES in the same day and the elevator people went home without addressing the issues???? Did I really read that correctly? If so, I truly hope that the parties you're suing are building management and the elevator company.
I'm tempted to ask what building this was so I know where NOT to visit anytime soon. (I'm in Illinois Center)
Posts: 4515 | Registered: Jul 2004
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posted
I didn't say that, Goody. I said at least three times. Two of which were for sure after they left.
When I got off the elevator, I went to the guard at the front of the building and said, "Uh... I don't know if you're the right person to tell about this, but... the elevator I was just in... kinda fell."
When you say something like that, which 99% of the people in the world will probably never do, you'd expect some kind of alarm on the guard's face, yes?
He looked at me, semi-interestedly, and said, "What... about 10 feet? Couple of stories? Yeah, I gotta call maintenance again. That happened to someone else earlier today."
Now... the elevator people left 50 minutes before this. I can't prove that the earlier event was more than 50 minutes earlier, but that's a verbatim quote. I know, because I wrote it down that night. And it doesn't sound likehe meant less than an hour earlier.
The buidling in question is the Federal Reserve Bank of Chicago building. The elevator company is Otis. And the imbecile guard was a federal cop. If you go to the Fed, there are two banks of elevators at the back. The further one has 3 cars on one side and 4 on the other. If you're ever visiting, don't take the middle one of the 3. I haven't since August 10.
It was funny, in a sick sort of way. A week later, I was in the kitchenette talking to someone about this, and this woman's eyes go humongous. The same exact thing happened to her 10 minutes later. Complete with lame mutterings by the guard. Only she wasn't hurt.
Posts: 12266 | Registered: Jul 2005
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So* if I'm reading the clarification right, you know of one elevator that fell before yours because of the guard's comment, then you fell almost an hour after Otis left, and then one of your coworkers (assuming it's a private kitchenette) was involved in a third incident after yours? Methinks Otis is in deep doo-doo...
As for elevator maintenance, Allegra, I know that in my building and in many of the other downtown Chicago buildings I've been in, men wearing Otis uniforms and carrying equipment bearing Otis' name are the ones working on elevators and escalators. I would normally assume that they are Otis employees on a service call from that visual information. I know my building does not keep a crew on site all day unless they're actively working on an issue, though.
Posts: 4515 | Registered: Jul 2004
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Oh, you're lawyers must be loving this fact pattern and sleeping with visions of gross negligence and recklessness dancing in their heads.
Posts: 26071 | Registered: Oct 2003
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My dad is not directly involved with the Otis Chicago office anymore, and I do not believe that it would be a custom elevator so he would have no part in it. He complains about the way Otis does things and I can see why.
Posts: 1015 | Registered: Aug 2004
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posted
starLisa, I feel your pain, literally. I have a ruptured disc in my back that causes my right leg to hurt anytime I sit down. Most of the time, I cant sit down for more than 5 minutes without my leg hurting so most of the time I lay down on my couch. I take four advil every eight hours to deal and Im going to have to have surgery soon. Ive had it since mid-July but because I dont have insurance, I have had to go through public healthcare system in Dallas (which takes forever). My advice? Try the four advil and after a few days it may help. I dont really know if our conditions are comparable but it helps me at least to have a job and work on my thesis. I cant concentrate either but the advil sometimes helps. Otherwise, all I can offer is that it will get better. One of these days mine will get better and so will yours!
Posts: 457 | Registered: Jun 2005
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Thanks, Humean. I hope you feel better and that the surgery helps. I hope I don't have to have surgery.
Unfortunately, ibuprofen gives me hives all over my body. The night before I first moved to Israel, I threw out my back (I was 24). I took Advil just before I boarded, and spent the 14 hour plane ride with a back brace on that I borrowed from my father, and enormous hives all over me.
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