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I filed 3 business days ago... their carrier wants to talk already! Good or bad sign? - Printable Version

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I filed 3 business days ago... their carrier wants to talk already! Good or bad sign? - AMSchmitt79 - 04-04-2016

In Wisconsin...

Back issues... numbness in left quad, shooting foot pain in both feet, right hip/buttock pain, lower back pain...

I told my boss on the 14th of March I was hurting, and that I might go to the ER.... went to the ER on the 15th, got a three day work restriction, told I had sciatica... on the 18th, went back to work... was in worse pain, went to ER again, got restricted till the 23rd, referred to a family doctor.... saw family doc on the 22nd, he restricted me till the 26th, and after that, 2 weeks light duty pending the results of a MRI, with a follow-up app on the 5th. I have not had my MRI yet... it is scheduled for Thursday, the 7th. Also, until today (monday), I had not worked since the 18th, and only worked one day since the 14th. That is like 16 days of no work, because of restrictions or my light duty restriction not being honored. 

Up until the 29th, I wasn't aware that cumulative injury issues were workmans comp covered. Upon the advice of The Department of Workforce Development, I told my HR department I wanted to file a claim, and they told me to fill out an accident report. That was last thursday, on the 31st.

I stated very clearly on the accident report that I had none of these issues prior to working at my job, and that over the last 9 months, even though I can't pinpoint exactly when the injury occurred, I acquired the symptoms I described, which lead to my verbally reporting pain to my supervisor on the 14th, and my 1st ER visit on the 15th and the subsequent restrictions.

It is now Monday, and I got a call from my job's insurance carrier, which I missed. The person who called me wasn't available when I did call back.

Is it a good sign or a bad sign that the insurance carrier got back to me so quickly? I mean, on the third business day after I filled out the accident report... that's awfully quick.

Any advice from those that have been there?

EDIT: I talked to their carrier... got a claim number... is that good or bad?


RE: I filed 3 business days ago... their carrier wants to talk already! Good or bad sign? - California_Help - 04-04-2016

(04-04-2016, 05:18 PM)AMSchmitt79 Wrote: In Wisconsin...

Back issues... numbness in left quad, shooting foot pain in both feet, right hip/buttock pain, lower back pain...

I told my boss on the 14th of March I was hurting, and that I might go to the ER.... went to the ER on the 15th, got a three day work restriction, told I had sciatica... on the 18th, went back to work... was in worse pain, went to ER again, got restricted till the 23rd, referred to a family doctor.... saw family doc on the 22nd, he restricted me till the 26th, and after that, 2 weeks light duty pending the results of a MRI, with a follow-up app on the 5th. I have not had my MRI yet... it is scheduled for Thursday, the 7th. Also, until today (monday), I had not worked since the 18th, and only worked one day since the 14th. That is like 16 days of no work, because of restrictions or my light duty restriction not being honored. 

Up until the 29th, I wasn't aware that cumulative injury issues were workmans comp covered. Upon the advice of The Department of Workforce Development, I told my HR department I wanted to file a claim, and they told me to fill out an accident report. That was last thursday, on the 31st.

I stated very clearly on the accident report that I had none of these issues prior to working at my job, and that over the last 9 months, even though I can't pinpoint exactly when the injury occurred, I acquired the symptoms I described, which lead to my verbally reporting pain to my supervisor on the 14th, and my 1st ER visit on the 15th and the subsequent restrictions.

It is now Monday, and I got a call from my job's insurance carrier, which I missed. The person who called me wasn't available when I did call back.

Is it a good sign or a bad sign that the insurance carrier got back to me so quickly? I mean, on the third business day after I filled out the accident report... that's awfully quick.

Any advice from those that have been there?

They are most likely calling to get a statement from you. This is normal. I do recommend calling a few workers compensation attorney's and discuss what you wrote above. I understand you were not aware cumulative trauma was a claim, however they are going to question you on your inconsistent comments. This is why I highly recommend talking to an attorney BEFORE you talk to the claims adjuster. Consults with attorney's are free and they get paid by a % of your award if you get one...so you have nothing to lose at this point.

Are you receiving any payments for being off of work? I am not familiar with your state laws, but most if not all provide TTD payments for work related injuries.


RE: I filed 3 business days ago... their carrier wants to talk already! Good or bad sign? - 1171 - 04-04-2016

to get a claim number is good; it makes it easier to deal with the correct person who has access to the claims file.
for more info on work comp in wisconsin:
http://dwd.wisconsin.gov/wc/


RE: I filed 3 business days ago... their carrier wants to talk already! Good or bad sign? - AMSchmitt79 - 04-05-2016

Thanks for your help, everyone.

When I spoke to the adjuster, he wanted to record my statement... I told him NO WAY! Well, I was nicer about it than that... but still.... anyway, he asked about the specifics of my injury, and I told him that I didn't have specifics, as I was still being evaluated. I told him about t the ER's rendering of sciatica, and my dr's request for the MRI, which will be done this Thursday. He asked me where I hurt, and I gave him the same info that I put down on my injury report, since I know he has it. He asked about any time off of work  - I told him about the total of 16 days I have missed so far.  He asked generally about my wages, and I gave him some general info. He asked about a time-line for my injury, and I simply told him that my symptoms accumulated over time, I told him about when I reported it, and that I couldn't nail down a specific time as to when I began hurting - just that at the time I reported it, it was literally too much to bear at that point, hence my reporting of it. I told him when I reported it, to whom, and that I went to the ER within 12 hours of reporting the pain. The adjuster was huge on trying to nail down what my job duties were, and I remained vague on that, saying pretty much that  there is always pulling, pushing, lifting, twisting,  twisting and bending, lifting while twisting, bending, constant standing/being on my feet. I repeated several times that '9 months ago, I was fine - now, ever since working this job, I am not'. He asked me if I have returned to work, and I told him yes, for the one day - and that the one day's worth of work created further issues which I need to discuss with my dr at my next appointment. I didn't tell him what those issues were. He asked if I refused work - I told him that while on light duty, my work would not accommodate me, and I told him that I have emails between myself and HR that show that I requested work several times the entire week that my job wouldn't accommodate me. He asked about surgeries, and I referenced kidney stone surgery in 2015, and a hand surgery in 2003. No pre-existing injuries, and I told him that when he asked. I explained that I filed the injury report later than I reported the injury to my boss only because I wasn't aware, until DWD told me, that cumulative trauma qualified, as I have never dealt with this type of thing before, and then I repeated my mantra - 'I was healthy 9 months ago, I started at and worked this job, and now I am not healthy'.

Basically, I gave him info that he already had, and remained entirely consistent with what I told my work and what I put on my injury report.

I was not able to consult an attorney prior to talking to the adjuster, but followed the general guidelines given by Avvo when it comes to talking to 'their' carrier.

How'd I do?

And no, no monetary payment as of yet for missed work.


RE: I filed 3 business days ago... their carrier wants to talk already! Good or bad sign? - 1171 - 04-05-2016

if the medical report is consistent with your statement, then shouldn't, be Any problem.


RE: I filed 3 business days ago... their carrier wants to talk already! Good or bad sign? - AMSchmitt79 - 04-05-2016

Saw my primary today... even without an MRI being done yet, he referred me to an orthopedic surgeon. He's concerned for me... that's nice.  2 more weeks of light duty at work, so at least I will have income. Until then, I'm in pain and hoping for the best. He said I have weakness on the left side (the numb side). NOT GOOD - I didn't have that before.

Is it just me, or ever since the AMA's recommendation on opiates, no doc gives them out like they used to? I haven't gotten any pain meds in weeks... not that I'd take them. The opiates just take the edge off. Hell, naproxen does that, without the addictive properties, and with more nerve pain benefits.


RE: I filed 3 business days ago... their carrier wants to talk already! Good or bad sign? - 1171 - 04-06-2016

it's just you.
old habits and practices are rarely influenced by published AMA changes. new docs will probably develop better practice habits.