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refusal to pay weekly comp check
#21
did you feel out a the w/c claim form ?

keep copies of any restrictions too
 
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#22
tweety00 Wrote:did you feel out a the w/c claim form ?

keep copies of any restrictions too

I didn't, my lawyer did. I have copies of the same and also go online to review its status. Thanks for the adive on the record keeping. I keep track of mileage, dates of appointments, therapy and phone calls.
 
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#23
Does your work have anything for Handicap? I would think that there should be something there for people that are injured or handicapped. I know when we started putting our work trailer together that there is suppose to be a ramp/ hand rails etc. I would at least check into this. I would think the safety guy would know this answer, or should!!!!!!

How do they expect people to go to work with crutches, casts etc. and this would be a risk for them if you were to fall and re-injure yourself further. Sounds like it is not a safe place to be during a accident recovery. I would check into this before you return. Isn't this the law in alot of places??? I do not know this for sure, but surely would check into it.

Also your lawyer does not sound like he/she is out for your best interest. Already thinking negative. I would not feel good with that lawyer.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#24
sparkey Wrote:Does your work have anything for Handicap? I would think that there should be something there for people that are injured or handicapped. I know when we started putting our work trailer together that there is suppose to be a ramp/ hand rails etc. I would at least check into this. I would think the safety guy would know this answer, or should!!!!!!

How do they expect people to go to work with crutches, casts etc. and this would be a risk for them if you were to fall and re-injure yourself further. Sounds like it is not a safe place to be during a accident recovery. I would check into this before you return. Isn't this the law in alot of places??? I do not know this for sure, but surely would check into it.

First, I'm not going back to that job. I'm a boilermaker and travel the east coast building and rebuilding boilers in powerhouses. That job for that company was a simple 13 week shut down that ended May 11, 2008. They wanted me to go to another job site for another job but I did not. Secondly, I totally agree with you in regards to handicapped accessibilities. There was no ramp to get into the trailer. There was a handrail on the stairs but that meant I had to hold both crutches in one hand and actually jump from stair to stair to get in and out of the trailer. And beleive me it's easier going up than down...in fact it's a little scary coming down...lol. Finally, there was a no work slip in effect thus even if they requested that I come to work and just sit in a chair I was at liberty to leave anytime I wanted without any penalty to my comp claim....I wasn't working...PLANE AND SIMPLE....sitting in a chair is not work and thus I violated nothing to preclude me from later enforcing it. Had I worked...which then would have violated the order, then I might have to argue the next no work slip provided would be the start date for my weekly comp pay....But again I did no work...only sat in a chair and agreed to do that only if they provided transportation. Thanks for message. Mark

Also your lawyer does not sound like he/she is out for your best interest. Already thinking negative. I would not feel good with that lawyer.
 
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#25
I have a question;

I know you live in one State, and you were working in another State, so what State has your Workmens Compensation Injury been filed in?
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#26
I still do not understand why if you were NOT working, with a note, why you went there to begin with. That put you on the payroll for that week. I would say that next time you have a note from the doctor saying NO WORK, give a copy to your HR dept. and one to your IC. adjuster. DO NOT WORK IF THEY SAY NO. Even if you are there physically sitting, you are working.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#27
Bad Boy Bad Boy Wrote:I have a question;

I know you live in one State, and you were working in another State, so what State has your Workmens Compensation Injury been filed in?

Maryland. The State where the injury occurred. I live in NC.
 
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#28
sparkey Wrote:I still do not understand why if you were NOT working, with a note, why you went there to begin with. That put you on the payroll for that week. I would say that next time you have a note from the doctor saying NO WORK, give a copy to your HR dept. and one to your IC. adjuster. DO NOT WORK IF THEY SAY NO. Even if you are there physically sitting, you are working.

You're absolutely right, I shouldn't have been there. Hindsight is always more powerful but I can't go back now. The baseboard reason was two fold. One, I didn't want the company to take any adverse actions against friends that were supervisory positions...when I say friends I mean these guys were not company men, that I've worked with them on other jobs and in no way did they want anything to happen to me. And two, The company I was working for only hires union people therefore I was trying to help them keep costs down. In the beginning they told me they'd pay me until I was fully recovered. The only thing was that they wanted me to just come in and sit in the trailer...play video games on my lap top, talk to my wife and kids on the phone or whatever with no requirement to do any kind of work. And then the transportation was agreed upon. As the shut down neared an end everything began to change. I've had several people ask me why I was there and whether that was considered working. I don't think it was work. In fact I can only see it for my benefit because I did make the effort to help save on increased insurance premiums. But for now, your right I shouldn't have gone back. I guess to maybe I was a little scared on how the workers comp game worked and was using that time to find out more from others.
 
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#29
I just got off the phone with the AIG insurance adjuster, Debbie. She told me that they don't want to pay the weekly comp because the company (Riggs Distler company INC.,)offered me light duty work but I refused. I asked her to reference one doctors slip that stated I was on light duty. She said that the company told her I was on light duty as of the 14th. I asked her if she had my no work slip of April 11th from Dr. Ferraro which stated I was to perform no work indefinitely....she said hold on and looked through the papers and came back and said she did but failed to even see it before. She also said she was just listening to what the employer was telling her. I asked when I'd begin receiving my checks. She said she had to call the employer but would get back to me...then she said wait you have an attorney Im not even supposed to be talking to you. We hung up, and my lawyer called five minutes later...explaining that he was totally unaware the reason she felt I was on light duty. Now he's calling her back.
 
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#30
your lawyer can help you but you must remember you are not his only client so you must watch out for your self......Keep copys of everything and I mean everything...copys of all Dr notes and ask for a copy of your med records and keep up on it at every doc visit ask for a copy of that days records as soon as they are transcribed to be mailed to you or they may ask you pick it up because I lived so far away mine were faxed to me...you are the one who has to be responsiable for you....get a binder and keep everything some of us have boxes of stuff some have been lucky enough to keep it down to one big binder
Make an extra page with all your mileage each time you send one in send it with a mapquest sheet that tells the mileage from your home to the docs....you simply must be proactive in your own case.....
........I love cats, I just cant eat a whole one by myself......







 
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