"Up from here" Chapter 8: Thanksgiving (Part Three)

Hopefully, after this last shock of the day we could finish up and go home to our families on this Thanksgiving Day. Which, around 4:30 PM for Mikie to clock out and 4:35 PM for me to clock out and head for home. I left Larry Jones and Howard to finish up. Mikie and I had arrived earlier in the day. We had the opportunity to leave first without any question. There was only about 15 to 20 minutes of work left for Larry and Howard to finish up. I immediately headed for home as fast as I could reasonably drive to get there. Was I glad to finally be in the comfort and safety of home? I was in a state of shock still after I finally did get there. The first thing I did was call to put off the dinner engagement I had planned on attending that evening. Then, I went to my room and collapsed and thanked my lucky stars I was still alive. I then jumped on my computer and told my friends on the Internet around the world what had just happened to me earlier on this Thanksgiving Day November 26th, 1998.

Where do I start, is the question of the day? How much are people supposed to deal with, when it comes to loving the Lord? Having faith, that the Lord will guide us, daily, if we put the Lord first, in our hearts, and souls, and our lives. "Seek ye first the Kingdom of God, then all things will be added to your accordingly" It seems I am finally, beginning to climb back up, out of my depression. However, it seems I am being hit, with all kinds of problems, all in the same month. From one thing, to the next, when it rains, it seems to pour.

I was disabled due to an Earthquake, while I was working and ended up getting what has been diagnosed as "Post-traumatic stress disorder" (PTSD) and I was in legation with a Workman's Compensation case, but settle the case in October of 2003.

Presently, I am unable to trust employers now for how my past employer, put customers, other employee's, and myself, in danger. All for one reason, and one reason, only, making a profit. After the Earthquake occurred, we were all put in danger, by the delay, of closing the store, until the owner could get there, to personally see the damage, first hand, for himself, before making a decision, to close the store, as it should, have been, on the spot!

Post-traumatic Stress Disorder

Post-traumatic Stress Disorder (PTSD) is defined as the development of certain symptoms following a mentally stressful event that involved actual death or the threat of death, serious injury, or a threat to oneself or others. For the person who has experienced a diagnosis of cancer, the specific trauma that triggers PTSD is unclear. It may be the actual diagnosis of a life-threatening illness, aspects of the treatment process, test results, information given about recurrence, or some other aspect of the cancer experience. Learning that one's child has cancer is traumatic for many parents. Because the cancer experience involves so many upsetting events, it is much more difficult to single out one event as a cause of stress than it is for other traumas, such as natural disasters or rape. The traumatic event may cause responses of extreme fear, helplessness, or horror and may trigger PTSD symptoms.

Post-traumatic stress disorder (PTSD) From WebMD at webmd.com

Post-traumatic Stress Disorder Risk Factors, Protective Factors, and the Development of PTSD:

As many as one third of people who experience an extremely upsetting event, including cancer, develop posttraumatic stress disorder (PTSD). The event alone does not explain why some people get PTSD and others don't. Although there is no clear answer as to which cancer survivors are at increased risk of developing PTSD, certain mental, physical, or social factors may make some people more likely to experience it.

Individual and social factors

Individual and social factors that have been associated with a higher incidence of PTSD include younger age, fewer years of formal education, and lower income.

Disease-related factors

Certain disease-related factors are associated with PTSD: In patients who received a bone marrow transplant, PTSD occurs more often when there is advanced disease and a longer hospital stay.

In adult survivors of bone cancer and Hodgkin lymphoma, people for whom more time has passed since diagnosis and treatment tended to show fewer symptoms.

In survivors of childhood cancer, symptoms of PTSD occur more often when there was a longer treatment time. Interfering thoughts occur more often in patients who experienced pain and other physical symptoms. Cancer that has returned has been shown to increase stress symptoms in patients.

Mental factors Mental factors may affect the development of PTSD in some patients: Previous trauma. Previous psychological problems. High level of general stress. Genetic factors and biological factors (such as a hormone disorder) that affect memory and learning. The amount of social support available. Threat to life and body. Having PTSD before being diagnosed with cancer. The use of avoidance to cope with stress. Protective factors. Certain factors may decrease a person's chance of developing PTSD. These include increased social support, accurate information about the stage of the cancer, and a satisfactory relationship with the medical staff.

How PTSD may develop

PTSD symptoms develop by both conditioning and learning. Conditioning explains the fear responses caused by certain triggers that were first associated with the upsetting event. Neutral triggers (such as smells, sounds, and sights) that occurred at the same time as upsetting triggers (such as chemotherapy or painful treatments) later cause anxiety, stress, and fear even when they occur alone, after the trauma has ended. Once established, PTSD symptoms are continued through learning. The patient learns that avoiding the triggers prevents unpleasant feelings and thoughts, so coping by avoidance continues. Although conditioning and learning are part of the process, many factors may explain why one person develops PTSD and another does not.

Post-traumatic Stress Disorder Risk Factors, Protective Factors, and the Development of PTSD: From WebMD at webmd.com www.webmd.com

Workman’s Compensation:

Worker's Compensation - Know Your Rights

Worker's Compensation, sometimes referred to as "Workman's Compensation" or "Worker's Comp", is the name given to a system of laws meant to protect injured workers. The goal is to make sure that somebody who is injured at work receives appropriate medical care, lost wages relating to the on-the-job injury, and, if necessary, retraining and rehabilitation, so as to be able to return to the workforce. When workers are killed on the job, members of the workers' families are ordinarily eligible for benefits.

Exclusions From Coverage

Depending upon the jurisdiction, employees may be restricted from collecting benefits if their injuries or deaths result from willful misconduct or from intoxication.

Special Federal Statutes

There are some special federal laws which provide additional protection to certain classes of worker: The Jones Act. (The Merchant Marine Act) provides seamen with the ability to seek benefits known as "maintenance and cure" when they are injured as a result of their employer's negligence while working on U.S.-flagged vessels.

The Federal Employment Liability Act (FELA) makes railroads engaged in interstate commerce liable to employees, where the employees' injuries result from the railroad's negligence.

The Long shore and Harbor Worker's Compensation Act (LHWCA) provides Worker's Compensation benefits to certain classes of employees of private maritime employers.

The Black Lung Benefits Act provides compensation to miners suffering from "black lung" disease (pneumoconiosis). There is a possibility of the creation of a new federal compensation scheme for workers injured by asbestos, who may suffer from asbestosis or mesothelioma as a result of asbestos exposure. At present, asbestos-related injuries are typically handled by private attorneys.

Worker's Compensation Litigation

While most injured workers recover quickly, and beyond making the initial injury report to qualify for benefits have no real awareness of the Worker's Compensation system, those more seriously injured may have difficulty with their employer or with the compensation system. Those workers may benefit from consulting with lawyers. Worker's Compensation litigation is generally considered to be simpler than traditional injury litigation, as it takes place in an administrative setting and may involve relaxed evidentiary rules. Attorney fees are ordinarily limited by statute.

Workers typically need to hire a workers comp lawyer when they are refused benefits to which they are entitled, are told that they can return to work before they are actually medically able, or are denied extended or permanent disability despite significant disabling injury. If your employer sends you to a doctor who declares that you are able to return to work even though you don't believe you are yet able, or tries to get you to return to work to a special job created to accommodate your injury, you should consider speaking to a comp lawyer right away.

The reason is this: while a typical injured employee does not know the law, a typical employer is very much aware of how the compensation system works, and how to terminate an employee's benefits. An injured worker who returns to work in a specially created position may well find that, two weeks later, the position is eliminated and he is laid off - but is no longer eligible for workers comp. Similarly, many employers utilize doctors who are much more interested in maintaining a good continuing relationship with the employer than with accurately diagnosing the employee - too many declarations of continuing disability will likely cause the employer to send injured employees to a different doctor. A lawyer can help you protect your rights when one of these "hired gun" doctors tries to block you from getting necessary treatment, cut off your benefits or send you back to work too early.

It is beneficial to go to a lawyer who handles a lot of Worker's Compensation cases. Typically, those lawyers will know the administrative judges or hearing officers who preside over comp hearings, and may also know the doctors and defense lawyers who are trying to block your claim. Using an attorney who knows the ins and outs of the system can help ensure that you collect the benefits that are due or, if you are so inclined, get a maximum pay-off to settle your compensation claim.

When Can You Sue?

Ordinarily an employee who qualifies for Worker's Compensation benefits may not file a personal injury suit against the employer. There are two narrow exceptions where Worker's Compensation preemption might not apply, and an employer might be subject to lawsuit:

When an employer intentionally causes injury to an employee.

When an employer is required to carry Worker's Compensation coverage but fails to do so.

This exception for intentional acts is very narrow. It is not ordinarily enough that an employer creates conditions where there is a very high probability that an employee will be injured. Ordinarily the employer must have committed a specific act intended to cause injury to the employee. Worker's Compensation - Know Your Rights from www.expertlaw.com

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