Workmans Comp

Discussion in 'Driver Health' started by d-man57, Jun 18, 2008.

  1. d-man57

    d-man57 Light Load Member

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    Nov 20, 2007
    Indiana
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    Been off work a couple of weeks now due to a back injury at work, i had a MRI done and i have two herniated disc's. I've never dealt with workmans comp before and i've heard alot of bad feedback in the past with dealing with these people. The company i work for has done everything they can to get the paperwork right and have no problem with this. This seems to be a subject were as you ask five different people, you're gonna get five different answers on how this works. I've heard everything from no problems to get a lawyer. I don't know if laws vary from state to state, i'm in Indiana. If anyone has dealt with this and can give a me a headsup on what to watch for i would appreciate it.
     
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  3. LogsRus

    LogsRus Log it Legal

    2,589
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    Nov 23, 2006
    Indianapolis, Indiana
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    The problem with w/c is that you can't work and you must see a doctor of the companies choice. Not working you don't get paid much on w/c thats because they don't want you to stay on w/c. Many people feel the doctors will say you are ok when you really are not, however a doctor can't give you false results unless he just plan messes up.

    Light duty: That's where you will work in the office (if they have work for you) and you will do whatever they ask.

    I know a little about w/c so I will keep an eye out for the thread but send me a message if I don't respond.

    You didn't really ask anything specific just giving you the quick basic info of why people don't like it:biggrin_25525:
     
    Cybergal Thanks this.
  4. witchwaywest

    witchwaywest Medium Load Member

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    Dec 8, 2007
    Monroe New York
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    I live in New York state and like you said laws vary by state so I'll base my advice on NY state law.By law,employers must carry workmans compensation insurance.It is a seperate policy from your health care policy that you might have at work.Unlike your health care policy where you have co-pays and deductibles,workmans compensation covers all costs.For an on the job injury,health care providers cannot bill you for any expense relating to your injury.You do have to make it clear to them that this is workmans comp case and they will bill the workmans comp insurance carrier.Never,ever, pay out of pocket.In NY you may seek help for your injury from any doctor you choose.The insurance carrier has no say in the matter.What to expect during this whole process?Workmans compensation insurance companies like to make money,not lose any,so you will proably get a few phone calls from them regarding your ailment.They love to say "How are you feeling,is the pain gone,think your up to light duty".Your only response to them should be"I am under a doctors care and feel free to contact my doctor".If you feel that the insurance company is dragging their feet on any issue then contact your states department of insurance.They can help you resolve any problems or questions.I went through this whole thing a couple of years back.I got my weekly state benefit,all my medical bills were paid for and I received a large amount for loss of fingers.Never did get a lawyer,just kept very good records on my injury and treatment in case the insurance carrier wished to fight treatment or final judgement.Believe me,they will.Hope your back feels better,mine doesn't.
     
  5. Little Red

    Little Red Bobtail Member

    36
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    Feb 28, 2008
    Greeneville TN
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    I hate to say it but I was on W/C for 2 years and 5 surgeries and they where really good to me. I did have a lawyer he reaaly didn't do anything for me. But I like you had heard so many bad things about W/C and my injuries where really bad I just wanted to protect ME

    try this web site it was really great for me you can find the laws of your state and also it has a forum for each state hope it helps

    http://www.workerscompensation.com/
     
  6. woodstock36

    woodstock36 Medium Load Member

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    May 17, 2008
    NY
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    If you get a lawyer, make sure it is a good one!! Hubby had same injury, first surgery unsecesful, he ended up getting donor bone fusion, and has been great to this day, I have been told he is one of the lucky ones, and that they dont do that procedure any more. A freind of mine, has has 3 bad surgeries, she mentioned a new procedure done over in Europe, she is hoping to have it done, when it gets approved here, not sure if it is or not? We fought with comp, for close to 10 years, when it came time for a settlement, he got nothing, the lawyer could not have cared less!!! Just be carefull, with the lawyer thing.
     
  7. d-man57

    d-man57 Light Load Member

    246
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    Nov 20, 2007
    Indiana
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    As of right now i've done everything i can to follow their requirements, just waiting on them to do something. Maybe creating this thread was a little premature, cause so far i haven't had a problem. For the most part i was trying to avoid a mistake in the future. With all the hype i've heard and read about claims i was hoping for a heads up on any loopholes. I've been off for three weeks now and with the therapy i've been doing, my back is getting better. The worst part of this deal is sitting around the house not being able to do much. Thanks for the input
     
  8. Phil1Fla

    Phil1Fla Light Load Member

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    May 12, 2008
    Beavercreek, Oregon
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    I have delt with w/c twice once in 1979. totaled a truck screwed up the back. Got my self almost right and went back on the road. 2003 while securing a load fell off the trailer. messed up the neck, LF shoulder and LF hip.
    they only wanted to rebuild the shoulder. no money in any of this. I still have Back pain from 1979, and the shoulder and the rest still hurt. GET A GOOD LAWYER. I got a poor one that a friend told me of...
     
  9. d-man57

    d-man57 Light Load Member

    246
    33
    Nov 20, 2007
    Indiana
    0
    Workmen's comp called today and denied my claim, the reason was the time of injury to the time i actually reported the injury and seen a doctor. I told the w/c rep. at 51 you don't report every ache and pain you have in your body while at work to your company, he says you should.(BS) The back pain started out as something i thought would pass after some time and a few trips to a chiropractor on my own dime. I guess it just burns my rear to think of the amount of people that take advantage of this system and they want to turn down a guy who has a legit claim. I talked to the boss about this and he says he'll discuss this with the company lawyer and will pay for any legal fees to get this straightened out. He is about as pissed over this as i am, the company has never had a w/c claim. I have to pay w/c for the driver i have and now it seems as it's waste of money for someone that needs this so called insurance. I thought i would let this run the course and do it their way, i guess i was wrong. For those of you that recommended a lawyer, you're right, and thats how they should be dealt with. That pain in my back feels a bit lower now, if ya know what i mean.
     
  10. Phil1Fla

    Phil1Fla Light Load Member

    298
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    May 12, 2008
    Beavercreek, Oregon
    0
    they under pay all claims and dump the rest.. welcome to the W/C game.. they will make you life a total disaster. GET A GOOD JEWISH LAWER. They like money and will go for it. My problem Is that I didn't do that when I got hurt.
     
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