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Comp claim or not?
08-10-2012, 02:47 PM
Post: #1
Comp claim or not?
I'm in NYS. First off, I've been having lower back and hip pain and seeing one doctor after another. I just saw a Doctor yesterday and he confirmed it that the pain is from part of my job in the Fish Department at my store. He told me to have my manager file a Workers Comp Claim on it and to call him back with Claim Numbers. My manager says if I file the claim, the company will refute it and I'll loose my job. He's trying to say I've had this problem for years, even though this started up around April or May of this year. I called the Doctor back and told them what he said and I asked for a statement from him saying the pain is from doing a couple of the jobs repeatedly day after day. Doctor's office will not make a statement until I file with Comp through my work. What can I do about any of this?
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08-10-2012, 03:02 PM (This post was last modified: 08-10-2012 03:03 PM by 1171.)
Post: #2
RE: Comp claim or not?
the employer does not make the liability determination.
contact the comp carrier directly and report the injury to them.
let them know about the firing threat.
retaliation is illegal and an unjustified denial is fraud.
make detailed written account of your actions and events surrounding the filing of the claim with names, dates, and times.
include quotes from the employer as accurrately as you can remember.
contact the doctor with information on where to send their report and billings.

find out more about work comp in NY:

http://www.wcb.ny.gov/
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08-11-2012, 01:40 AM
Post: #3
RE: Comp claim or not?
Kansas. Contact a Work Comp Ombudsman in your State. I believe it is proper to file a work comp claim if you are injured on your job even if you have a pre injury because the work injury could have aggravated the old injury and is good cause to file a claim. You can go online in your state and print off work comp forms and mail them in then your states work comp department will notify your employer they must file a complaint too. Then sit back and let your attorney do everything.
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08-11-2012, 01:40 AM
Post: #4
RE: Comp claim or not?
Kansas. Contact a Work Comp Ombudsman in your State. I believe it is proper to file a work comp claim if you are injured on your job even if you have a pre injury because the work injury could have aggravated the old injury and is good cause to file a claim. You can go online in your state and print off work comp forms and mail them in then your states work comp department will notify your employer they must file a complaint too. Then sit back and let your attorney do everything.
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09-14-2012, 01:04 PM
Post: #5
RE: Comp claim or not?
Thought I would update.... Manager came back from work Conference and we had a long talk... I told him what the Asst. Manager told me and he point blank said he never said anything about loosing my job if filed or limited on work.... I told him I filed the C-3 online cause I couldn't get to the WC building and he said as soon as he gets the paperwork, he'll file... Then he asked if it was true that I contacted a lawyer.. I told him yes... Why wouldn't I after what I was told.

I do have a Comp. number and a lawyer... now something different...

The doctor I'm seeing decided to put me on Amitriptyline 25mg. and Cymbalta 30mg (9-7-2012). The first one I'm to take 1 a night two hours before bed and the Cymbalta 1 in the morning for the first week... The second week, I'll be on Cymbalta 60mg. and 2 of the Ami pill. I started having side effects about an hour after the Cymbalta. I talked to my dr. and he said it was normal. On Monday 10th., I had to be taken to Urgent Care by my daughter and friend cause I had major body shaking and sweats, plus my heart rate was too fast. My EKG showed flutters in my heart rate and when they had me stand for a blood pressure, it bottomed out.. I was then transported by ambulance to the E.R and possible hospital stay. After an IV and meds., I was stable enough to go home with a script for Lidoderm Patches for my back... which help some with the pain..

Now the bill part. I had to pay 150.00 co-pay for the E.R cause they didn't want to take the WC number or bill me. I also have the bills for Flexeril, Meloxicam, Amitriptyline and the Lidoderm Patch... I know I'll get a bill from Urgent Care, Ambulance and the rest of the E.R visit. How do I turn these bills over to the insurance company through work to be paid for and get reimbursed for what I've paid out?
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09-14-2012, 04:31 PM
Post: #6
RE: Comp claim or not?
Give the bills to your attorney. He can file for a hearing to seek payment of the bills
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