Workers Comp Troubles

[Gunney]

Gents,
I have a slight issue that I need some advice regarding. Now I would request that you hear me out, and offer whatever advice you can-- I realise that this can be a sensitive topic, so please avoid jumping down anyone's throat!

So here is my dilemma: Back in August I was injured at work-- I was moving a heavy object as part of my job, with no assistance available, and I ended up messing up my back. Now it was far from permanent, as a matter of fact it was gone in only a couple days. However when I went to the doctor the first full day out I was provided with a notice for light duty. When I turned this into my boss, along with the forms for the medical visit, they were initially accepted; I received a phone call later on saying that his boss had said that since we don't have light duty that they would treat it like a temporary disability, and pay me the lost wages until my contract ended a week later.

I filled out all the paperwork that was required-- Including the supervisors report (kinda funny that he didn't do it!) although the only issue that did come up was that due to the nature of the job I didn't have was a witness affidavit, due to the nature of the injury-- I didn't realise I did it until a day or two later; it wasn't like an amputation or something where everyone knows something happened, and obviously didn't happen elsewhere!
--I reported it two days after it occurred (first day it was at the end of work, and didn't notice it; on the second day it started acting up but i sucked it up figuring it was on its way out; the third day I was awful, and had to actually leave work-- this is when I reported it--, and the fourth day was when I went to the doctor and she diagnosed that there was something wrong and that light duty was required--I immediately went and turned everything in, and I received the phone call that night about being TDed out)

Anyway that was all said and done, I left things as 'Thank you for the job, and I am sorry about how this ended up happening..'

Okay so today I received a bill in the mail for the medical visit, from the place I went. So whilst I have a phone call in to the Workers Comp Insurance company, I can only assume that the town didn't pay it. Isn't your employer required to pay for medical if you are injured on the job?

Additionally I received my final check today, and they did not pay me for my lost wages, or anywhere close to it! So in essence they fired me for getting injured!

So here's my question: Is there any particular course of action that I should go about? In retrospect I realise that I should have kept a copy of my injury report for myself, but I figured that 'Hey, its the town, why would they try to screw me over?' And additionally I should have gotten that whole thing in writing.

I know that it is illegal to fire someone for filing for workers compensation, but how does one go about proving stuff like this?


I mean in the end, its not about the money-- I mean yeah its nice, but thats not the reason for this-- but rather the principle! I have a call into the Workers Comp place, and in the morning I might put a call into the place where I worked to find out if perhaps there was some kind of disjointedness between my bosses boss and the guy who wrote the checks. But if those don't pan out....

Thanks. And once again i would appreciate it if this would stay civil!

 

[auk1124]

I would suggest you contact an attorney in your area who does workers' comp cases. They will be able to help you navigate through these issues better than anyone on the internet.

 

[intotheforge]

Regarding the doctors visit, employers usually post a list called the panel of physicians. If you see a doctor that is not on this list, they may not pay the bill. However it has to be reasonable that you know of the list.

You should also know that many states have a two year statute of limitations for WC claims.

I agree that you should speak with someone knowledgeable in your location.

 

[Havok305]

Provide your employers information to whoever is billing you immediately and tell them this is a workman's comp claim. If they (employer) refuse to pay for the services you received as well as any ongoing treatment related to your injury, you need to seek out an attorney.

 

[Gunney]

Provide your employers information to whoever is billing you immediately and tell them this is a workman's comp claim. If they (employer) refuse to pay for the services you received as well as any ongoing treatment related to your injury, you need to seek out an attorney.

It dawned on me a little while ago that perhaps I jumped the gun. Apparently they have 14 days from the time that my employer notified them, which could be up to 7 days.

There was no list of approved physicians-- that being said I went to the only walk-in clinic in the region so I assume they're on the list!

Yeah I am well with in the two year statute m8! Unless they use the 10 day years lol (wouldn't put it past em.)

 

[KodiakAttack]

One of my employees was injured on the job and he filed for a workers comp claim.
It was virtually pain free on my end, I didn't pay anything out of pocket for it (because I pay into workers comp every pay period).
This could be different for different states I imagine, but what my employee was told was that he would would NOT get paid for missed wages if he wasn't out for at least 5(?) days. At that point, he would get paid a portion of his wages for those 5 days, and any days missed there-after.
Since the employee was not out for the required amount of time, he did not incur missed wage compensation but he did receive compensation for his doctors visit.

Your situation could be different. Sounds like you were on a contract job, were you an employee or an independent contractor? Independent contractors are not covered under workers comp claims.

 

[Gunney]

Contract was what they called it, essentially I was hired for a specific amount of time (a season). It essentially just said 'Paid XYZ/hr, from 7/x-9/x'.

And I looked and I do meet the minimum.. 5 full days and a partial day (which do count in the state I worked...)

 

[KodiakAttack]

Yes but if you don't pay into workers comp, you don't qualify for workers comp.
if your paycheck did not have taxes taken out, and you filled out a W-9 form, that meets the federal requirements for independent contractors and you are not covered for workers compensation. Any injuries on the job would then have to be filed with the employers insurance, which may not cover non-employees (independent contractors).

I am not an attorney, I could be wrong but that is my understanding of the subject.

 

[cb91710]

Yes but if you don't pay into workers comp, you don't qualify for workers comp.

State Disability is a payroll deduction. WC is paid 100% by the employer. In California, it is privatized.
My wife and her attorney have been fighting Argonaut insurance for 15 years over an injury that left her unable to work.
Argonaut was the insurance company that the employer purchased their WC policy from.

 

[KodiakAttack]

State Disability is a payroll deduction. WC is paid 100% by the employer. In California, it is privatized.
My wife and her attorney have been fighting Argonaut insurance for 15 years over an injury that left her unable to work.
Argonaut was the insurance company that the employer purchased their WC policy from.

This is why I have an accountant.
I'm terrible at remembering which taxes and payments are for what purposes. I apologize if my information was inaccurate.

 

[Gunney]

This is why I have an accountant.
I'm terrible at remembering which taxes and payments are for what purposes. I apologize if my information was inaccurate.

No problem, even I had to re-read the bloody summary about ten times to understand half of it! Yeah around here it's entirely the problem of the employer-- I was not classified as an independent contractor, and I paid into just about every tax known to man... lol

The fact that it was really an overzealous move on the part of the employer to put me on DL as oppose to just 'take it easy' is the reason that I am not really about to fight tooth and nail about this. I am certainly waiting to see what the insurance company does-- I mean if they don't pay out for the medical I do have personal insurance so that is not the issue (albeit it costs me the co-pay...)

Does anyone know, that five-day rule, if you lose more time than that, do they just have to pay you from the 6th day on, or are they required to pay you the lost wages for the first five too? Curious....

 

[StillShaving]

I don't have much comment on the worker's comp issues, as I too ignorant about that. But regarding your question "Isn't your employer required to pay for medical if you are injured on the job?" I might think so as well, but I might think the coverage or lack thereof should be spelled out in your employment contract, and if it were not or if it were vague, then this would be an area to get some legal assistance.

It was not clear from this thread whether you are getting better and now able to work or not...I hope so. Even if you are I understand if you don't want to try and go back to the old position as the well of good will might be poisoned at this point (impossible to tell as an outsider).

I know I am not much of any real help here. Just hope that you are receiving good medical care and that you can get healthy and into a position where this does not matter in a few months.

 

[cb91710]

I don't have much comment on the worker's comp issues, as I too ignorant about that. But regarding your question "Isn't your employer required to pay for medical if you are injured on the job?" I might think so as well, but I might think the coverage or lack thereof should be spelled out in your employment contract, and if it were not or if it were vague,

This is what Worker's Comp is. Laws vary by state, but in most states, if an employee, even temporary, is paid on a standard W2 rather than 1099, the employer's worker's comp insurance covers any OTJ injuries.
The issue is that employers may be reluctant to file a claim, because it will increase their rates for the next contract term.

 

[KodiakAttack]

if an employee, even temporary, is paid on a standard W2 rather than 1099, the employer's worker's comp insurance covers any OTJ injuries.

I think this is where we all got confused. Did we establish if OP was W2 or 1099?

 

[cb91710]

I think this is where we all got confused. Did we establish if OP was W2 or 1099?

He said he had payroll deductions, so he's W2.

 

[KodiakAttack]

He said he had payroll deductions, so he's W2.

Oh dear... It's been quite a day. I should learn to freshen up on a post before I respond again.

 

[cb91710]

Lol!!

 

[Bshell]

Gents,
I have a slight issue that I need some advice regarding. Now I would request that you hear me out, and offer whatever advice you can-- I realise that this can be a sensitive topic, so please avoid jumping down anyone's throat!

So here is my dilemma: Back in August I was injured at work-- I was moving a heavy object as part of my job, with no assistance available, and I ended up messing up my back. Now it was far from permanent, as a matter of fact it was gone in only a couple days. However when I went to the doctor the first full day out I was provided with a notice for light duty. When I turned this into my boss, along with the forms for the medical visit, they were initially accepted; I received a phone call later on saying that his boss had said that since we don't have light duty that they would treat it like a temporary disability, and pay me the lost wages until my contract ended a week later.

I filled out all the paperwork that was required-- Including the supervisors report (kinda funny that he didn't do it!) although the only issue that did come up was that due to the nature of the job I didn't have was a witness affidavit, due to the nature of the injury-- I didn't realise I did it until a day or two later; it wasn't like an amputation or something where everyone knows something happened, and obviously didn't happen elsewhere!
--I reported it two days after it occurred (first day it was at the end of work, and didn't notice it; on the second day it started acting up but i sucked it up figuring it was on its way out; the third day I was awful, and had to actually leave work-- this is when I reported it--, and the fourth day was when I went to the doctor and she diagnosed that there was something wrong and that light duty was required--I immediately went and turned everything in, and I received the phone call that night about being TDed out)

Anyway that was all said and done, I left things as 'Thank you for the job, and I am sorry about how this ended up happening..'

Okay so today I received a bill in the mail for the medical visit, from the place I went. So whilst I have a phone call in to the Workers Comp Insurance company, I can only assume that the town didn't pay it. Isn't your employer required to pay for medical if you are injured on the job?

Additionally I received my final check today, and they did not pay me for my lost wages, or anywhere close to it! So in essence they fired me for getting injured!

So here's my question: Is there any particular course of action that I should go about? In retrospect I realise that I should have kept a copy of my injury report for myself, but I figured that 'Hey, its the town, why would they try to screw me over?' And additionally I should have gotten that whole thing in writing.

I know that it is illegal to fire someone for filing for workers compensation, but how does one go about proving stuff like this?


I mean in the end, its not about the money-- I mean yeah its nice, but thats not the reason for this-- but rather the principle! I have a call into the Workers Comp place, and in the morning I might put a call into the place where I worked to find out if perhaps there was some kind of disjointedness between my bosses boss and the guy who wrote the checks. But if those don't pan out....

Thanks. And once again i would appreciate it if this would stay civil!

I practice work comp exclusively in Illinois on the Petitioner's side. Lot of things the employer didn't do right here, but each state is different. Contact an attorney.