What questions to ask? Workplace injury care long into future, company now pushing back

What questions should I be asking? What issues should I be thinking about?

I have a respiratory injury from workplace chemical exposure about 35 years ago, with my same current employer. There was an official determination including confirmation from company doctors, and a Worker Compensation case that was awarded, which noted a 3% permanent disability. Up until a couple years ago, my employer covered all expenses. Then they started pushing back and asking me to prove all over again that the injury was indeed caused in the workplace – but now most of the primary people involved are deceased, or retired. The primary medical practice treating me purged records because they were so old. We fought about this for a while, then the company got a new company doctor to examine me and write a letter saying I did indeed have a workplace injury requiring continued care for which the company is indeed responsible. Then the company sent a letter acknowledging this and saying everybody (e.g. HR, legal, leadership) has approved and signed off on providing continued care. And, yet, they’re still not reimbursing expenses, and now not answering email.

I think I’m stuck, and am contemplating what else to try. Do I get a lawyer? Start setting up meetings with leader types who haven’t been involved so far? I’m still employed, but am moving toward retirement, tentatively planning to go in 2 years (unless I’m having such a great time I actually want to work or consult, which is possible). How does this impact things? Do I need to set something up for retirement? Or, am I actually going to trigger my departure sooner by asking?

I’m not sure what to ask for! What I have been asking, and until a couple years ago receiving, is reimbursement for my medical expenses. But what else should I be asking for? Should I get compensated for all the time I spent sick, all the lost Thanksgivings and Christmases? Probing what my career arc would have looked like without this? Does a 3% permanent disability over the last 33+ years imply I’m entitled to 0.3*33= 1 year additional salary, or something like that? How about whatever health insurance and Medicare I have in retirement, is there some mechanism by which those folks will say they’re not paying for what is really a Worker Compensation case?

What am I not thinking of?

Thank you for any and all suggestions, observations, and whatever else!!

This is exactly what you want to do, before you retire. You may actually be due more than you think and the company doesn’t want that. Only a lawyer can see that all of the questions you have are addressed and perhaps even more.

Yup, a lawyer.

The more I think about it, the more additional questions come up. For example, there were years when I took quite a lot of Prednisone to treat this problem, and my spinal surgeon said it probably gave me weak bones which he noticed when doing my neck – I wound up taking a drug to increase bone density for a pretty long time. Maybe that’s why my hand broke 30 years ago, and maybe it contributed to my spinal problems – who knows?

. . . the more you need to consult with a lawyer – specifically, one who specializes in workplace injury cases.

Does anybody know whether I need a Maryland lawyer versus a California lawyer? My employer and I are located in Maryland primarily, but we had a field location in California where the actual chemical exposure injury occurred.

Get a lawyer where you and your employer are located, Maryland. If your lawyer needs something from California he can work out how to handle it. That’s what you pay him for.