Workers Comp nightmare
I am in the state on NJ. I am new to these boards and need to seek some advice from anyone that can shed some light or have been in my shoes.
I was involved in a motor vehicle accident with my boss at work a couple months ago. We were t-boned by another driver who ran a stop sign and I hit my head on the side window and blacked out briefly. I immediatly went to the ER and they did not perform the proper tests like an MRI, X-rays and let me go home.
I was to dazed and confused to suggest otherwise. Within a few days of the accident I felt like I went into a dazed and tired existence. I had horrible headaches, fatigue, I was so angry and just couldn't shake the feelings. I tried to go back to work and ended up having a panic attack when a worker had to explain something to me 6-7 times before I could really get what she was saying.
I told my mom and she said that I sounded like I may have had a concussion. I called the WC claims adjuster and she sent me to one of their doctors who diagnosed me with a concussion and referred me to a nuerologist. I went to the nuerologist and he ordered an MRI and X-rays for my neck, and he took me out of work.
They came back normal but because I am still having alot of those symptoms he made a referral for a nuero-psychological evaluation.
He said that WC does not always like to pay for this testing but was sending me anyway. Up until the evaluation I was not having problems with WC, I received a TTD check for lost wages as well. Well this past Friday, I did not receive my TTD check for the past two weeks. When I called WC, they said because I had reached a "cap" on what they are going to pay me out.
I told them that I am still out of work and receiving ongoing treatment...I wanted them to explain more but the rep just referred me to the claims adjuster since they had made that decision. I immediatly called my WC attorny and he said that the answer I got was basically nonsense.
He said I am entitled to 70% of my wages as long as I am out of work. He does not want me talking to the claims adjuster and he said he would call her. He told me today that she is not returning his phone calls. I am still waiting to hear what the next steps are to get them to respond. I also received a call today that my report from the nuero-eval was ready and the clinical director would be submitting it to the insurance company so they could authorize a more in depth evaluation.
He said that I will be feeling this way for a minimum of 3 months post-accident and at that point they will see what symptoms I am still having then and decide the best course of treatment, but he is going to give me therapy in the meantime to help cope with the day to day problems I am having.
Needless to say I am already a mess and for WC to be giving me these problems is making things worse. They already denied to pay for one of my medications and now they are not sending money for lost wages.
Are they allowed to do this? and why would they stop sending checks out of the clear blue?? I have not been released to work yet and I don't really know when that will happen. I hold a stressful mgmt position and my symptoms would totally interfere with me doing my job. Are these tactics??
Its not like they are not going to recover all of their costs from the the driver who hit us insurance so why the hassle? It was a bad accident and I would automatically think that would entitle me to a higher level of care. Thanks for any advice or info