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Workman's Compensation: "I'm scared sh*tless..."

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Earth_First Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 04:36 PM
Original message
Workman's Compensation: "I'm scared sh*tless..."
Tomorrow I have an appointment to see an orthopedic occupational therapist for a diagnosis on a lower back injury that I sustained on the jobsite two weeks ago.

I'm scared shitless here that I am going to end up being denied by my employer's insurance company. I cannot afford health insurance, I most CERTAINLY cannot afford an attorney in the event that my claim is denied.

Can anyone offer some advice on how to handle the process?

I've never gone through this before. I feel completely adrift here with no direct path.

I just want to go back to work pain free!

Anyone who has had experience here that could chime in, would be IMMENSELY appriciated...

Thanks!
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 04:38 PM
Response to Original message
1. It depends on where you live, laws vary from state to state
But in Oregon at least, attorneys receive their compensation out of the benefits they win for claimants, so there is no out-of-pocket cost to a workers' comp claimant to hire an attorney. Check with your state bar association for a referral to an attorney specializing in workers' comp.
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NNN0LHI Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 04:41 PM
Response to Original message
2. No experience but I hope you get feeling better soon
I have discovered that one doesn't have anything without their health.

Good vibes.

Don
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Earth_First Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 04:43 PM
Response to Reply #2
3. Thanks!
Much appriciated...
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WingDinger Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 06:47 PM
Response to Reply #3
9. If it is just a strain, they certainly wil not deny. But, if it looks debilitating, they will deny a
and hope you quit. Better that you would have a lawyer. At least in reserve. IFFFFF you are hurt, not just temp.
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kdmorris Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 07:08 PM
Response to Reply #9
10. Even if you quit, the incident date is before the termination date
so they would still have to pay for it, even if they try to deny it. Quitting wouldn't help the company in the slightest.
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WingDinger Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 07:46 PM
Response to Reply #10
11. quit, with regards to justice.
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kdmorris Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 04:46 PM
Response to Original message
4. Did you file a first report of injury when the it happened?
Edited on Tue Aug-23-11 04:47 PM by kdmorris
By claim I mean, did you file a report and then they set up a claim for you? I wouldn't say that it's completely unheard of to be denied benefits after the first report of injury, but at least you aren't in Texas... (your profile said New York).

As a pp said, the laws vary by state, but New York isn't too bad. If it comes to that (you get denied) an attorney will collect his/her payment out of any benefits they get for you.

You shouldn't be denied benefits unless they can prove that the injury was pre-existing or if you never reported your injury. (doesn't mean they won't try, just stick to you guns)
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fredamae Donating Member (622 posts) Send PM | Profile | Ignore Tue Aug-23-11 04:47 PM
Response to Original message
5. Ask your friends/family if they know of a
credible WC attorney in your area. They may be willing to offer some consultation re: basics. Goods luck!
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Cleita Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 04:49 PM
Response to Original message
6. You are dealing with insurance and they hire batteries
of lawyers to deny your claim. Make sure your family doctor is familiar with these types of claims and knows the right language to use. For your part be consistent. They will try to pick apart any inconsistencies in your story. I don't know if this therapist is of your own choosing or your employers WC insurance. Make some phone calls to other practitioners and find out if they are experienced in doing WC claims. If you can get an appointment with one of them do so before you fall into the hands of the company guy. Good luck.
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Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 05:23 PM
Response to Original message
7. I have been reprimanded for this so I will pass it on..It's "Workers Compensation"
NOT Workman's Compensation
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WingDinger Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-23-11 06:45 PM
Response to Original message
8. If your illness looks to be long term, GET A LAWYER YESTERDAY.
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