is two weeks too late?

[tdr712]

i was injured two weeks ago but never turned it into workman's comp. i did notify my boss of the injury he actually came out to the site to get me when i was injured. he talked me into not turning it in, and instead i gave it a couple days and i started feeling better. now ive gone to the chiropractor about five times for my back and shoulder and although im feeling much better im worried that i should have turned it in to cover myself down the road. is two weeks too late to file a claim?

[Pooh]

In most cases no - especially since you have already notified your boss. My question is who is paying your medical bills at this point? Have you had any x-rays or an mri of the shoulder to know that there is nothing seriously wrong with the shoulder?

[tdr712]

at this point im going to be stuck with the bills, which is another reason i regret not filing. i havent had x-rays but i know i should have it looked at, especially since these things sometimes show up later down the line. i tried to be the good guy and help my boss out by not filing but now im really regretting it. i do have all the chiropractor visits on record so that should also help. im thinking about going in for x-rays tomorrow just to make sure my shoulder and back are all normal. i just dont want to cause problems at work by filing so late.

[AQA]

tdr712, Which is more important? Your health and well being, or feeling bad because someone did not like what you did. There are a great number of people here with back problems and I don't think any of us care what someone at work may think. In ref. to filing a claim. If you decide that you want to get the x-ray done, I would suggest you tell them that it is work related. Some people like chiropractors and others don't. There are to many possibilitys with the back, as far as what could be wrong. You may want it to be checked by a speicalist. Take Care.

[tdr712]

i was just more concerned about turning it in late, everyone i asked wasnt sure about how much time you had to turn it in. i appreciate your response AQA, and pooh, this has been driving me crazy since it happened. your the only ones who have given me any solid advice.

[Tuffy]

Here in Illinois we have 45 days to report an accident at work and it can be either verbal or in writing, and others are right your health is more important than what your employer is trying to pull. Being you have already reported it to your employer it is now time to file a WC claim. It should have been filed as soon as you notified your employer and you should not be made responsable for the bills. Good Luck,

Are you back to work? and what state are you in? Have you had an MRI? X rays do not usually show a disc injury.

[tdr712]

i live in north dakota. i actually went back to work right away, it happened on a friday, and i came back on monday. so i did have 2 and a half days rest before going back. im wondering if my boss could use this against me in anyway, being i returned to work so quick. i do have good use of my arm now, i have been on very light work for the past two weeks. it was a serious fall that i had, and i do have witnesses, but i seem to be recovering nicely, its my future i worry about.

[AQA]

http://www.workerscompensation.com/regul...ategory=EE

[tdr712]

so it should be no problem to turn this in to wc, if im understanding that correctly.

[vickinat]

First of all it depends on what state your in. You can access info by state at the top of this page. You didn't mention your state in your bio.

Secondly, do not let your employer talk you out of filing worker's comp claim. Most states it is illegal for them to do this. They may not have the WC insurance which is also a violation, they may be trying to cover it up.

Here in Pa. I can't remember, but I think you have up to 120 days to notify your employer of a work related injury, the employer has a few days or a week to file with the Labor & industry department, as well as thier WC ins.comp. if lost time from work. The WC has 21 days to deny or accept the claim. If your are off work for more than 14 days, you get paid temporary total disability compensation. If you are off work less than 14 days, the first 7 days are considered a waiting period and you don't get compensated. Again this is for Pa.

I would definetly check with a WC lawyer for a free consult, to be sure that your own good intentions doesn't get you left with bills or undiagnosed injuries that needs treatment.

Several years ago, while living in Ca. I had an injury (carpal tunnel, left hand), my employer knew that it was work related, but asked me to use our regular health ins(which was very good, as well as short term & long term disability), instead of saying it was work related. I was like you and did'nt want to ruffle my bosses feathers and cause the company any problems.

I had carpal tunnel in the right hand and it was a WC case in Pa. a few years before this one happened. I had the release surgery (open style), and was back to work in 6 weeks. That is what I figured would happen this time with the left hand, so I used my ins. and didn't file for WC. The surgeon used a newer form of release(endoscopic, I think) which was supposed to allow a rapid recovery period, with 4 weeks only till return to work. Well, the surgeon screwed it up, it took four months to be able to touch my pinky and thumb together, I returned to work with restrictions. I ended up overusing my right(dominant) hand and arm and ended up with epicondolitis in that arm, down thru the muscle and into the elbow joint, I still couldn't use my left hand much. My employer suggested that I see a second surgeon. The 2nd. surgeon MRI'd the carpal tunnel release, and found scar tissue around the 1st.surgeons mistake. I had 27% strength in that hand. The 2nd. surgeon said he could attempt to correct the problem, but said that I could go down to 10% strength or up to 50%. We both agreed that it wasn't worth the odds. He stopped me from working and had me start Occupational therapy.

I was still under his care and recieving my ins. disability payments, and regularly reporting in to my work as to my status. My work called me and informed me over the phone that I would no longer have a job or health ins. in four days. The reason they wrote as to the decision to terminate me was that I didn't return from medical leave. I wasn't allowed to return to work yet by my doctor.

This is just one example why to never uce your own insurance for work related injuries.

Call a lawyer and good luck
Vickie