Tag Archives: industrial injury

Worker’s Compensation?

Shortly after getting the results back from the testing of my office, I decided that I should file for worker’s compensation for all the time I had missed from work, reinstatement of my comp time I had used when my sick leave was exhausted and help with my medical bills.  I met with the head of our Human Resources Department who told me that the district was not liable for my illness because of a sensitivity to mold.  I began making phone calls and found out that it was not his decision;  anyone has the right to file.  I filed in September or October 2000 and met with the district’s worker’s compensation doctor in December.  To me the appointment was a joke and I wasn’t surprised that in January I had been denied.

I met with the first attorney shortly after my denial.  The attorney told me that it would cost more to take on my case than he thought I would get.  My husband and I went home defeated.  I thought well maybe things would turn around and I would just get well and I wouldn’t need to file an appeal.

In the fall of 2001 my time was running out to file my appeal.  I had contacted several attorneys and their response was that they just didn’t understand mold.  If I had some tangible injury such as a broken back, loss of limb, they might be able to help me.

In the meantime I was getting sicker and sicker.  I filed the appeal on my own and went to court.  The judge had sympathy on me and gave me 90 days to find an attorney.  I kept up my search and found a wonderful man to represent me.  In January 2001 I told my doctor that I had found an attorney.  His response, I found you a doctor.  The doctor was out-of-state.

What I discovered is that the fight for worker’s compensation is a long and very hard fight.  You need a very good attorney who believes in you and your injury and is willing to fight to the death on your behalf. I found such an attorney.  If you are fighting the battle, don’t give up.  Keep searching for an attorney that is truly on your side.  If he doesn’t understand and isn’t willing to learn then move on.