A community of 30,000 US Transcriptionist serving Medical Transcription Industry


Workers Comp Suit (sm) - Bev


Posted: Oct 25, 2012

Now that the MTSO are calling us "employees", has anyone considered a workers compensation suit for depression from not being able to make a decent living? Perhaps an overuse syndrome from having to work so many more hours to make line counts? Curious.

I think - anon

[ In Reply To ..]
I think filing a WC claim b/c you're depressed because of your job is insulting to people who have truly been injured while working.

Go find a new job.

Depression - hoyt

[ In Reply To ..]
Wow! Aren't you just a ray of sunshine!
Yes, I have considered filing a claim for epicondylitis related to long reports and too many hours.

Yeah, I am.. - anon

[ In Reply To ..]
My husband was hit in the head with an iron pipe while at work one day. He was in a coma for 2 weeks and almost died. Thankfully, he has recovered and does not have any severe issues.

So yeah, I take issue with people wanting to file WC because they're depressed because of their crappy job. I was diagnosed with depression 20 years ago and so I do know what it's like.

There are a lot of mitigating factors that feed into depression, not just a person's job. If your job is that horrible, get a new one, do something else. Deal with it. Find a work-around. Don't be a jerk and use resources meant for those who truly need it.
You obviously don't have Clue-1 about what it's like to - suffer from disabling depression.
[ In Reply To ..]
Really? - anon
[ In Reply To ..]
I mean seriously? Personally, I think 20 years experience gives me a pretty good insight.

Nevertheless, I have no desire to be sucked into a "my depression can beat up your depression."

If being the most depressed person on the board makes you happy then have at it. Personally, I'd rather fight my troubles and not be a victim--to anything.
I can't see claiming it from this job either. Perhaps undertakers, EMTs, cops - but transcripion? not so much. NM
[ In Reply To ..]
.

I have a job and am not suing anyone (sm) - Bev

[ In Reply To ..]
Depression is a legitimate WC claim if caused by the job. I am simply asking if anyone knows of anyone who has done this with their "employee" status. No offense or disrespect was intended.

Very difficult to prove - Anonymous

[ In Reply To ..]
It would be very difficult to prove that depression is job related, WC claims generally apply to being injured in the workplace, and it varies by state. I know that you would be subjected to numerous mental health evaluations by examiners hired by Workmen's Comp. Epicondylitis and carpal tunnel are legitimate claims. The goal of workmen's comp is to get you back to work ASAP and determine if you are suited for light duty or modified duty. If you draw benefits, you won't receive your full wage so I don't understand why you would want to do this. No one will award you disability because you are "depressed," they'd prescribe meds and send you to counseling and tell you to get back to work. I had a legitimate on the job injury about 18 months ago and needed surgery so I've navigated the WC system. I agree with the other poster; it is nothing to make light of and those benefits need to be reserved for people who truly need them.
There aren't any "benefits" that need to be reserved - it's all - insurance companies paying - sm
[ In Reply To ..]
That's what these companies have insurance for. And if you file for TD it's EDD that pays. If it's PD, the insurance company pays, which may or may not be deducted from your settlement. The defense atty has to pay EDD's lien at the end of settlement if/when one is filed, as well as all medical liens, usually for 10-25 cents on the dollar. I work in this field for WC defense attorneys and it really pisses me off at the amount of bogus claims there are. Depression/psych injury is one of the EASIEST to claim - there are very few non-liberal WC QME/IME/QME psychs out there. Ridiculous! These bogus claims are what makes it nearly impossible for the small business to stay in business because it jacks up the premiums for everyone so high. The WC system is beyond broken and beyond liberal. It is killing the businesses.
Benefits - Anonymous
[ In Reply To ..]
My employer pays my WC insurance. They kept me on salary and took care of my medical bills while I was recovering from my surgery. I also make a small payroll contribution to WC every pay period. There were no attorneys involved. To me, those are benefits.
Thank you. (nm) - Bev
[ In Reply To ..]
.

You made a choice - Perhaps its time to make another

[ In Reply To ..]
You made a choice to become an MT. No one strapped you down and threatened you with it - it was your choice. If it makes you depressed, talk to a skilled physician and start a medication that works best for you. Then, decide if the choice you made no longer works. If it doesn't - get a new job! If it does - figure out coping mechanisms. No one woke up this morning trying to figure out how to tool your world. The solution is yours alone.

In response to the hate posts... (sm) - Bev

[ In Reply To ..]
To those who have made the erroneous assumption that I am depressed and filing a WC claim: read my lips - again, I am employed, I am not depressed and I am not filing a claim, nor considering it so you can direct your hatred elsewhere. I am simply looking into the price MTSOs will pay to call ICs "employees" and wonder if they have figured out a loophole to avoid WC claims. I did not refer to only depression, I also include RSIs as they can all be legitimate claims.

Why did you choose depression - Anonymous

[ In Reply To ..]
When there are other work related injuries?
For the same reason I also chose repetitive stress injuries! (sm) - Bev
[ In Reply To ..]
This post was not about filing a claim. It is seeking information that might indicate whether MTSOs can continue to get away with calling ICs "employees", not create a thread for non-MDs to pass judgement about which injuries are deserving of WC benefits.
Reading comprehension problems? - Anonymous
[ In Reply To ..]
Bev, acutally, your original post was about filing a claim. You asked if anyone had filed a Workmen's Comp suit on the basis of a diagnosis of depression. Perhaps you need to go back to the beginning and read what you wrote that started this discussion.
common sense would have you question the Board of Labor for your - state, not here, this is just steam.NM
[ In Reply To ..]
`

Whoa - nellie

[ In Reply To ..]
if you don't want people to comment, then don't post.

"Hate?" - Maybe Some

[ In Reply To ..]
Responses aren't what you want. That doesn't amount to "hate."


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