Firing someone for a work related injury is against the law. Or rather, firing someone for filing for workers compensation is against the law. That's called retribution. That's actually one of the few ways employers can get into trouble for work related injuries. Besides that WC mostly protects employers from being sued unless it's a contractor that is injured or causes the injury and they are not covered under the employer's workers compensation insurance. If you are covered under the employer's workers compensation and you suffer a permanent injury, you are screwed. Some doctors would rather not take workers compensation as payment because they always try to deny causation and try to get away with paying the absolute minimum they can for an injury. They do not exist for the good of the employee. Unless you are a veteran you are going to have a very hard time getting any sort of disability for tinnitus and hyperacusis regardless of the severity.
Why ENTs Won't Help You — Lawsuits
- Thread starter Greg Sacramento
- Start date
Ambassador
Member
- Mar 30, 2017
- 324
- Tinnitus Since
- June 2015
- Cause of Tinnitus
- High frequency hearing loss and lifetime noise exposure
If you look at what OSHA allows in the US regarding exposure to noise, it's very difficult to find fault with an employer for noise related injury. As far as I am concerned they allow too much exposure for too long a time and these permitted exposures really need to be adjusted down.
I hate waiting for a specialist too but I would rather see a busy doc than one who has virtually no patients, the good docs are always booked. I they to get the first appointment of the day, they aren't usually backed up early in the day.
I hate waiting for a specialist too but I would rather see a busy doc than one who has virtually no patients, the good docs are always booked. I they to get the first appointment of the day, they aren't usually backed up early in the day.
While that's true, OSHA guidelines are way too leaniant. It doesn't matter if you find fault or not. Workers compensation is a no fault system and it is compulsory for all employers to carry the insurance. If you are injured on the job filing for workers compensation is your only option.
MemberMedicine is not a perfect art. Do you know how many doctors misdiagnose patients every day? Countless!
Also, like in other professions, some doctors are better diagnosticians and more thorough than others. This is attributable experience, intuition, and just good, plain common sense. Also included in this is "bedside manner" and choosing your words carefully. For example, if a patient asks "will my tinnitus ever go away", what is the optimal way to answer this question?
As it relates to ENTs, the protocol is to ask what medications you are taking, then they will look inside your ears, your sinus cavity, and then send you to an audiologist for a hearing exam. Some may even send you for imaging studies. I think it is wrong to think and expect an ENT to cure your tinnitus. Tinnitus is a perplexing medical condition that is still not fully understood.
Ecip
Member
- Nov 8, 2015
- 686
- Tinnitus Since
- 4.11.2015
- Cause of Tinnitus
- Still unknown... possibly noise exposure?
US is terrible.. Everyone sues each other for anything. It's horrible. Like it's the only way to solve a problem.
- May 16, 2017
- 3,754
- Tinnitus Since
- 04/2011
- Cause of Tinnitus
- Syringing + Somatic tinnitus from dental work
https://www.tinnitustalk.com/threads/why-ents-wont-help-you-—-lawsuits.22203/reply?quote=254655
Did you read my last post on bottom of page one.
Did you read my last post on bottom of page one.
I think that is a huge misconception when it comes to malpractice. My husband was the poster boy for heart attack I found out later. Not one but 3 doctors contributed to not picking this up. He was having red flags that any intern probably should have ordered an EKG. Everyone said we should sue thinking it is so easy (poor doctors). Truth is it is almost impossible unless you have lots of money for an Atty. I had a firm review the case and after months they declined. Unless they can generate PR or a quick settlement most aren't remotely interested. And add in some states for patients with Medicare/Medicaid they get reimbursed FIRST out of any settlement. My husband had neither but on disability sites it is a cause for concern that is those patients have no chance for remedy since attys won't touch those cases.
