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Employer avoiding using workmans comp
#1
Question 
I work on an assembly line in a factory. 10 hour shifts with months of overtime in the summer. It is non Union. It is fast paced work, picking up nearly 6,000 pounds in each hand daily, in one pound increments. Totaling about 12,000 #'s per day.
I had been complaining to the boss that my shoulder and neck was hurting me. I asked for Bio freeze on several occasions to help with the pain. I never filled out an accident report, because this was becoming an on going issue, not an accident.
It proceeded to worsen and one morning I called in and went to the Doctor because I could not even lift my arm. No range of motion by this time. I was diagnosed with a frozen shoulder (adhesive Capsulitis) I went directly from the doctors to HR and the plant nurse. HR slammed a FMLA paper in my hand and a insurance card to call TODAY she said to get paid for the time I was going to be off.
This was on 8/16/17 and I have been on Physical therapy 3 days a week since then.
My doctor said I may need an MRI because I am not getting much better from therapy. I asked her if workman's comp should cover that test. She informed me I was not on WC.
To make this short and to keep from ranting on, I was informed by the insurance company that my work said it was not due from work.I then called HR and,told them I thought I was drawing WC. She avoided talking about it. She said the nurse was to fill out those papers. So I had mentioned that was fraudulent because It is from work. HR and the nurse had me on a conference call a day or so later. I informed them that this was no accident it was oncoming from the repetitious work I do. They said they would get back to me.
They had the safety director call me last week and tell me they plan on leaving things just the way it is ,because like hey...He said you are getting a check and treatment so they will leave it like it is, and they look forward to seeing me come back to work.....Take my time, and get well...How do you like that ?
My question is, if I am going to have this for a long term disability, due to surgery, Medical bills I may be out, should I seek a lawyer?
I think it is fraudulent on the company's part. Also why should I be out any money on medical bills ? What if I cannot go back to doing what I was doing for a living ?
Any and all input would be appreciated. thank you
 
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#2
The rules are different for each state. Whether it should be filed as a comp claim depends on doctors opinion not yours or the employer.  Yes, talk to an experienced work comp lawyer.
https://www.wilg.org/index.cfm?pg=publicdirectory
https://www.avvo.com/workers-compensation-lawyer.html

The employer may not even have comp insurance.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know your state to provide accurate information.........
 
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#3
(10-04-2017, 01:28 PM)1171 Wrote: The rules are different for each state. Whether it should be filed as a comp claim depends on doctors opinion not yours or the employer.  Yes, talk to an experienced work comp lawyer.
https://www.wilg.org/index.cfm?pg=publicdirectory
https://www.avvo.com/workers-compensation-lawyer.html

The employer may not even have comp insurance.
I do not want to be held accountable later on for it. I just may have to seek a lawyer.... Even though I do not want to start trouble. I will speak to Dr. first. Ty
 
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#4
Anyone else out there having to deal with this? Please let me know. Thanks'
 
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#5
(10-04-2017, 02:52 PM)tinainky Wrote:
(10-04-2017, 01:28 PM)1171 Wrote: The rules are different for each state. Whether it should be filed as a comp claim depends on doctors opinion not yours or the employer.  Yes, talk to an experienced work comp lawyer.
https://www.wilg.org/index.cfm?pg=publicdirectory
https://www.avvo.com/workers-compensation-lawyer.html

The employer may not even have comp insurance.
I  do not want to be held accountable later on for it. I just may have to seek a lawyer.... Even though I do not want to start trouble. I will speak to Dr. first. Ty

You can always file directly with the carrier yourself. If it's denied you can appeal.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know your state to provide accurate information.........
 
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#6
I called Doctors office today. They said the MRI had been denied by my insurance company.
I then told them I needed the doctor to fax a letter stating this injury was do from the type of work I did. She said she would inform the doctor. Where it goes from here, who knows.....I bet I do not hear back from the Doctor...
 
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#7
(10-04-2017, 04:18 PM)1171 Wrote:
(10-04-2017, 02:52 PM)tinainky Wrote:
(10-04-2017, 01:28 PM)1171 Wrote: The rules are different for each state. Whether it should be filed as a comp claim depends on doctors opinion not yours or the employer.  Yes, talk to an experienced work comp lawyer.
https://www.wilg.org/index.cfm?pg=publicdirectory
https://www.avvo.com/workers-compensation-lawyer.html

The employer may not even have comp insurance.
I  do not want to be held accountable later on for it. I just may have to seek a lawyer.... Even though I do not want to start trouble. I will speak to Dr. first. Ty

You can always file directly with the carrier yourself. If it's denied you can appeal.

What do you mean? file what directly with my carrier? I am not sure, are you saying I need to tell my insurance company, that this is due to my work? I did tell them that about a month ago,and they said my workplace said it was not..
 
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#8
the carrier decides-not the employer. did the carrier deny the claim?
the employer cannot refute a medical opinion that your condition is work related without medical evidence.
the carrier must have evidence to support their decision or they get penalties and maybe fraud
Most states require a formal denial letter from the carrier.
depending on the rules for your state you should be able to change doctors.
Why don,t you post your state then you can get the relevant information?
http://www.workerscompensation.com/forum...?tid=10146
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know your state to provide accurate information.........
 
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#9
1171, it may be Kentucky.. think it's part of her user name.. Also, if her employer won't file comp, can't she do it online? I had that problem and I just filed online, call the comp office and that was it..
 
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#10
Possible.
Maybe Indiana
Shouldntmakeallthevisitorstrytodecodenamesorsubjectlinefor50differentabbreviations...
Punctuation is still helpful.

If so then For specific information They can go here
https://faqs.in.gov/hc/en-us/sections/11...of-Indiana
Or here
http://www.labor.ky.gov/workersclaims/Pa...smen).aspx
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know your state to provide accurate information.........
 
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