workers comp ,fight vs bad insurance now what?
broke my knee .working insurance has denied my claim since day one cause i reported next day.so its been 4 months doctors don’t treat my injury cause insurance denies it all..so all ready had my 1 deposition, now my attorneys is waiting for my doctor’s report to go to court .so whats gonna happen in court ? what exactly is gonna happen will insurance make me and offer or what happens if it gets to the judge what usually does the judge make insurance do and not do? thanks please help with your comments …i give you good points if you answer with knowledge
Your problem, as I’m sure you’ve been told, is that you didn’t report it until the next day. Your employer has no way of knowing if you broke your knee playing ball after work, etc. Years ago I worked as an HR Mgr. One of our employees was telling his coworkers on Friday that he was going to help his friend move over the weekend. On Monday morning, this employee came into work and the minute he hit the warehouse floor, (literally seconds after he got to work)he claimed that he went to open a cargo door, and “got a hernia”……… Now we all knew that he had injured himself moving his friend’s furniture, buy he managed to get himself into work and claim it as a Worker’s Comp injury. (and as a result, we ended up paying for his surgery, his 6 weeks pay during recuperation, and at the end of the coverage, he quit with no notice.) The reason I mention this is that not reporting your injury until the next day sends up red flags. Any time you receive even the smallest injury at work it’s important to make out an accident report immediately, for your own protection. Meanwhile, your fate is in the hands of the judge. I wish you well ~
First of all, you CAN get treated, if you pay for the doctor yourself.
What’s going to happen, is the judge is going to ask you, how exactly you broke your knee at work and didn’t report it at that time. A broken knee, as you know, is EXCRUCIATING. It’s not like you probably got in the car, drove home with it, and then went to work the next day and said, oh, by the way, I broke my knee.
The insurance company is going to argue that you broke it on your own time. The judge is going to look at the evidence, and decide. If the judge decides in your favor, your medical bills and lost wages (from when a doctor said you can’t work) will be paid.
If you’ve had NO medical treatment, well, that’s not so good. But it sounds like you have a lawyer, so THEY should be answering these questions for you!
You have 30 days to report a injury. Your attorney should be all over this helping you get treatment they can put a lean on the bill and after you go to court and the Judge tells the insurance that they have to pay it. For some odd reason that doesn’t happen get on the county medical program that will pay for your treatment. With getting money from work mans comp all you can do is wait. you want them to fix you first. then see what they have to say later on down the road. Remember this is a long process don’t rush in to anything. Good Luck P.S. Your work has to show you didn’t do it at work. Supervisors work for the company they will say what they need to to protect the company.
This is the 2nd time your injured at work within 9months
if your trying to just get money form work mans comp
your screwing yourself . Future employment with other company’s this will follow you every where you go.
There is no way to answer any of your questions… keep your
“points”. You file a first report of injury with your employer. The
ER files with the IC. In the meantime, your ER is required to
provide medical treatment to your injury. The carrier has a
statutory timeframe to investigate your claim, and decide to accept
or deny. If denied, you move on through the litigation process.
There is no way you could break any bone in your body, file a
claim, and be denied medical treatment. It simply does not happen.
Broken bones require a visit to the emergency room, and hospitals
cannot deny treatment on a emergency basis. In all states there is
a SOL/statute of limitations for filing a claim… in Calif for
example you have one year from the first knowledge the injury is
industrial to file the claim. Either you/IW, or the treating
physician must file the claim once known it’s industrial. Nor can
the IW be billed for treatment.