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DISHONEST EMPLOYER, DENIED CLAIM
#1
TEXAS - I need help, & I’ll really appreciate any input on my situation, thank you in advance…
A few months ago, I had a pretty serious heat stroke at work. My boss insisted that I not file worker’s comp, & offered to just pay me for my time off & medical bills instead. I agreed because I didn’t know much about my rights/responsibilities, & I didn’t want to lose my job over it. Well, about a month later I was working, & tore my bicep-tendon. It wasn’t clear right away what the injury was, or even if it was an “injury” at all, because for the most part, it just seemed sore, & I’d had problems with inflammation of a different tendon on the same arm before where I had to get cortisone shots, also from work. I saw my boss pretty soon after it happened, he noticed that I was hurting, and asked what happened, I told him I wasn’t sure exactly, but that my arm hurt. He blew it off & didn’t ask about it again, but it kept hurting, so I went to the doctor a few days later to see what was going on. He referred me to a specialist & it took a few weeks to get in to see him, then another week or so to get the MRI done. After the results came back as being serious, I assumed work would take care of it, as they had before, & knowing they would not want to file a claim, I just waited to talk to them & let them know. I spoke to my boss that evening & he said not to worry about it, he’d take care of it, & that he’d talk to me the next day, so I showed up for work like I always do, & was sent home because according to them, there was no “light-duty” work available. I didn’t hear anything for about a week, then got called in by the owner of the company & he offered to “loan” me $300.00 a week until I could come back full time. I was outwardly upset, & informed him that I wanted to file a workers comp claim right away & let him know that I was sorry if it upset them, but that I had a family to to take care of, & stated that I thought situations like these were the reason a company carries insurance. He said he understood & that he didn’t have the paperwork, nor did he know what the protocol was, but that he would call me later that day & let me know what I needed to do…I didn’t hear another word from him for several more days, so I filed myself, & in the process, being unaware of the games insurance adjustors play, made some mistakes, & got myself denied. Partly from me not having all the info available to me, & partly because the company actually lied & said I never reported it. Since then, I’ve been filing everything I can, making the phone calls, setting up appointments, & ultimately had to file unemployment in the meantime, partly because I’m not being given ANY type of work, & partly because I’m pretty sure they don’t want me to work there anymore. I didn’t hear from my boss for another 2 weeks until he got my unemployment application, at which time he sent me a message stating “I just got your unemployment papers, so I’m assuming you quit.” I immediately responded that I had no intention of quitting, but that I needed some income, & that Im available to come back to work anytime. I never heard back from anyone, I’ve called, sent text messages, e-mails, no response whatsoever…In the meantime, I have a company truck sitting in the driveway, company phone, credit card, keys to all the locks, & they have my paycheck. I’m assuming this is some sort of strategy on their part to either get me to lose my cool, or make some stupid mistake, but I’m just stuck in limbo, & don’t know what to do…I know this posting is long & boring, but I’m desperately seeking some advice on what I should do. What I do know is that they have A LOT of experience with these things, a team of lawyers, & all the time in the world to starve me out, & I don’t have any of those…please help. Thanks
 
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#2
...and on the TWC website, it talks about "employer responsibilities" & "employee responsibilities", when they didn't do what they were supposed to do, isn't there some way they can be held responsible for their actions???
 
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#3
(10-19-2012, 08:44 AM)marcoleman Wrote: ...and on the TWC website, it talks about "employer responsibilities" & "employee responsibilities", when they didn't do what they were supposed to do, isn't there some way they can be held responsible for their actions???

have you contacted the office of Injured Employee Counsel?
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
Yes, they sent me the paperwork to sign, & I've sent it back. I guess they have a certain amount of time they need to review it, but I've really had a hard time getting any answers so far, it seems like the person I talk to is always waiting to hear from the last person I talked to...I just need to know if I'm gonna actually be given the opportunity to explain the way all this has been handled, or if it's all about filling out forms & waiting for someone to deny it again. The way it's been handled by my employer should be considered a crime, is there someone they're gonna have to answer to for all this stuff? Thanks for replying, I need some answers.
 
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#5
contact the fraud unit
http://www.tdi.texas.gov/fraud/index.html

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
(10-19-2012, 01:46 PM)1171 Wrote: contact the fraud unit
http://www.tdi.texas.gov/fraud/index.html

Ok, I'll do that. Do you have any insight on what's considered "fraud"? Is it illegal for them to NOT let you file, it is it up to their discretion? I've planned on using an Ombudsman, but the more I think about it, the more I think I may need to get a lawyer. Also, I can't figure out why they would just cut off communication, & not respond to my messages. I would've thought they would atleast want the truck back, & what am I supposed to do whenever I'm cleared to go back to work, just show up?
 
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#7
since you said you ready filed you would have to show how they stopped you from filing--seems contradictory.
maybe they don't have workers comp insurance-it's optional in texas.
I don't understand what you mean when you are "cleared" ?
you've already offered to come back to work and have filed for unemployment therefore you cannot be restricted from working.
I think you need an atty as you seem confused by much of the rules.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#8
(10-19-2012, 02:49 PM)1171 Wrote: since you said you ready filed you would have to show how they stopped you from filing--seems contradictory.
maybe they don't have workers comp insurance-it's optional in texas.
I don't understand what you mean when you are "cleared" ?
you've already offered to come back to work and have filed for unemployment therefore you cannot be restricted from working.
I think you need an atty as you seem confused by much of the rules.

They didn't actually stop me from filing, they said they didn't want to file, & when I insisted that I file, requested & the forms/info they said they would find the forms/info & call me as soon as they found it. I was concerned that they didn't have coverage, so I made phone calls until I found out who the insurance company was. I contacted them, DWC, OIEC, & everyone else. What I mean by "cleared" is that I was cleared to go back to work on "light duty", went back to work & was told there was no "light duty" work available, even though I'm a supervisor. I was able to file unemployment because I can work, just not physical labor.
 
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#9
I was just called & asked to bring in the truck, cellphone, etc. & get my final check.
 
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#10
I'D LIKE TO THANK EVERYONE FOR THEIR INPUT, IT'S BEEN A LOOOOONG WEEKEND, BUT I BELIEVE I'VE FILED EVERY SORT OF DISCRIMINATION SUIT, GRIEVANCE, COMPLAINT, REQUEST, FRAUD REPORT, TIME-LINE, AS WELL AS A LOT OF DOCUMENTATION TO BACK IT UP. HOPEFULLY I'LL START GETTING SOME TRACTION, & THINGS WILL START MOVING QUICKLY. I FOUND OUT THERE WERE NUMEROUS VIOLATIONS ON THEIR PART, & NOW I UNDERSTAND WHY ATTORNEYS CHARGE SO MUCH, & WHY PEOPLE USUALLY JUST GIVE UP. I SENT OUT 9 SEPARATE FORMS & REPORTS IN THE MAIL, AS WELL AS 4 E-FILES. THANKS AGAIN!!
 
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