have work related injury. should i talk to him before i talk to a attorney?
injury is work related, torn rotoray cup, employer is trying to say its not work related. they now are sending a ins.investagator to my home to ask me questions. should i get an attorney?
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Did you file a worker’s comp claim? Your employer does not have the right to do this. Period. You must file a WC claim…a form he needs to provide you with. At that time, the WC insurance company will either let you go to your own doctor or assign a doctor to you for a short time. You are entitled to payment of medical bills and pay for lost time at work. If at some point it is determined that the injury is not work related, they will deny the claim and there is an appeal process. You are not liable for repayment of the bills or wages.
Your employer cannot deny these WC rights and cannot stop you from filing a claim.
I do think you might want to at least talk to an attorney, though sending an insurance investigator to talk with you sounds to me like they are just being careful about the claim and trying to check you out.
If you talk to an attorney, he or she could probably help you with the process and explain your legal rights. I have found the website http://www.totallawyers.com to be EXTREMELY helpful with all sorts of legal information. They can even help you find an attorney. You might also want to try their sister site, http://www.totalinjury.com.
Good luck, and sorry that you are injured. Hope you will be feeling better soon. Definitely check out those sites–they have lots of info for you.
You file the first report of injury with your employer. The
employer files a claim with their ins carrier. You do not have to
talk to anyone who comes to your home. The report you filed is
sufficient to get you treatment, and determine compensability based
on the Dr’s report. If you are required to provide additional
information… tell them to schedule a deposition, and ask you
questions under oath. In the meantime, consult with an attorney to
discuss the merits of your claim. Employers are not in the position
to accept or deny a claim for benefits under their plan for
industrial injury/illness. That’s why the law required insurance
coverage.