File workman's comp claim in my own state or companies headquarters state?

In the state you live in.

 

Get a lawyer.

 

Definitely.

@jimbo33 You may have to file your claim in the state in which the injury occurred. I dunno, just thought I would mention that as a third possibility.

 

What has your company said about this injury????

 

Pretty sure you can file in the state that has the best benefits for you. I live in IN, was injured in IL, and company hq is MS. IN and IL were comparable, and had slightly better pay replacement calculation then MS (capped around $500). Medical treatment wise it felt the same.

My company started my claim in MS, dealing with them was a breeze; at some point they decided that IL was the better jurisdiction and transferred my case there. The workers comp people there didn’t seem as good as the others, I had to resubmit everything and wasn’t sure if I was approved, it felt like they were actually scrutinizing my case, hard to communicate with them.

I consulted with a lawyer, and he said everything looked fine to him; he mostly gets involved when refusals happen and that wasn’t happening with me. IL eventually re-approved me or whatever; medical treatment didn’t change, but I was now getting like 66% of my avg weekly gross.

I would still consult with a lawyer, I was only off about 10 weeks; a company could be more willingly to pushback against a longer claim. Also, never go home, that way all injuries can be covered under workman’s comp (I tripped walking bols in and broke my wrist).

 

If you don’t even know where to start maybe you should go to a Lawyer.

 

I just immediately reported my injury and let my company handle it… we didn’t initially think it was that bad, I was bloodied up and just thought a clinic would help clean my injuries. I cleaned them myself first, finished my delivery, drove back to a truckstop, and then ubered to a clinic; during which the pain and swelling continued to increase…

I went to a lawyer after they swapped me to IL; the MS comp people seemed to have just rubber stamped the claim, whereas the IL people were gonna do a cursory investigation… they were harder to get in touch with so I became concerned about my status.

I didn’t really think there was anything to investigate; my company considers any otr driver not on hometime, to be at work. There could be some exceptions if you choose to take 10s or 34s at home or in such a way that you can “leave” work (park trk at yard, drive car home), but I wouldn’t be where I am while out unless they directed me there (I still get a choice in where to break enroute).

Since it looks like you’ve had a lapse of time, I’d definitely consult with a lawyer on how to proceed.