What are the pros and cons of filing workman’s comp?
While at work, as I was bending over to get a glass out of a floor freezer and twisted to set the glass on the bar, I sprained my back. I went to a chiropractor and he said I should file workman’s comp. I do not health insurance and I paid cash for this doctor visit and was not planning on filing workman’s comp. The chiropractor said welcome to the world of backpain and thinks this has opened a door to problems. I worked last night and was in tears because I was unable to perform my job functions. I almost walked out leaving my boss alone to work, but stayed and just worked carefully and slowly. Now, I’m worried that future injuries will be a problem to affect being able to work and am not sure what to do with filing for workman’s comp. I am currently looking for better job and afraid claim will be bad mark on record. I currently just applied for individual health care too and don’t want this injury to affect approval of that. What are pros and cons? Help me decide!!
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if you got injured during work-time at your workplace, or any place doing your job for your employer, (in Ontario, Canada), you should inform your employer. If its very minor like a paper-cut or scratch or something, you can use the first-aid kit for disinfectant and bandage, but if its anything that you see a medical professional (Dr, etc) about, then your employer is required by law, to report Worker’s Compensation. You will be paid for time off for emergency or for a Doctor, if its required, and your employer will be required to modify your job or your facilities(like providing special chair or whatever) while you heal, If you ‘re unable to do your job, your employer is required to provide alternative work, IF they can. IF they cannot, then Worker’s Comp. Insurance will pay until you get some job you can do somewhere else. There is a time limit for your employer to report it, I think 2 or 3 days, depending on your Province or State. If s/he doesn’t report it, there can be hefty fines. (employers trying to hide such things are considered virtual criminals). In this case, your employer may still be safe, because you didn’t tell him, s/he didn’t know, so workers comp will just frown.
There could be negative consequences to the employer if they know about a “serious” injury and do not report it.
There are no negative consequences to reporting an injury. Employers may not punish you for it.
Rule of thumb for the future, any injury or illness from your workplace “serious” enough —- that is, IF you go see a doctor or medical pro about it, then you have to tell your boss and they need to report it to Workers Compensation.
First of all once you apply for workman’s comp it will always be on your record. It wasn’t your works fault that you sprained your back. They did nothing wrong. They will fight it tooth and nail and you will lose and you will still have it on your record. Everyone sprains their back, ankles once or twice in their lifetimes. Why do you have to ‘sue’ someone for your body spraining? When I hire people I always ask and I always check. It goes with you forever. Of course the chiropractor wants you to believe that it is a door to problems. He preys on people who can do workman’s comp. He is an ambulance chaser.
Get your health insurance before you file workman’s comp – because once you file, any insurance company can get that information before they cover you.
Workman’s comp is for an on the job injury – if you want to file, better do it now, so you can prove it’s on the job – hard to do with back pain, hopefully someone saw it happen – at a minimum, file an injury claim at work – then you’ll have some proof.
Insurace is there for a reason – if you can go on comp, heal your back and come back, that’s what it’s for. BTW, I prefer that you go to a physical therapist, chiropractors don’t have the medical rigor I prefer (some are great, but some have no medical background at all).
Since you have seen a doctor the injury is now on your record. Any “personal” insurance claims in the future will ask if the injury was at work or was it preexisting and will not cover it.
You must file a claim or you will lose not only current coverage but coverage for any problems in the future. Most employers will not fight it since their cost is a percentage of your pay. The only way their cost will go up is if they have too many claims.
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Compare the specs!
The org poster did not provide a state, and WC laws are state
specific. But for the sake of discussion, lets presume this is
California. It’s not about pros/cons of filing a claim, the law
requires it. And, when you present for treatment at ANY provider,
whether it’s emergency care, Dr, Chiro, PT (and PT generally won’t
accept an off the street patient..there must be a Rx from a Dr).
The provider is NOT permitted to bill the patient/IW or accept out
of pocket for the services. Once the Dr knows or suspects
industrial causation, they MUST bill the employER, or the ER WC
carrier. The rules of WC go on and on and as I said, vary by state.
WC is a system of laws that define the benefits an IW is eligible
for. The employEE/IW is not the insured party here… the ER is
insured to mitigate their financial exposure for industrial injury,
nor is WC medical coverage for the EE/IW. Medical treatment is but
one of the benefits the ER/carrier is liable for. Wage replacement,
and indemnity based on loss of earning capacity or ability to
compete in the open labor market, possibly VR program are others.
Great blog, I will add this blog to my favorites.
Thank you, enjoyed the reading. Diabete
obama’s health care plan is awful!