Workers Compensation, Need Advice?

thealphafemme

All of your questions have potentially zero immediate consequences, but could "impact" you later on down the road, so in addition to looking at specifics, you need to keep the big picture in mind as well!

Your questions:
What will happen if you quit going to Dr. visits?

Realistically and theoretically, nothing will happen in terms of your case other than the WC Insurance closing your file due to your failure to continue treatment. If you don't continue treatment, but still have an issue down the road at some point, there are two things to keep in mind...

1) If you re-injure it or it never heals to begin with, you will likely be personally responsible for any future treatment and bills. If you have health insurance with your new job, they may deny the charges because of it being a work-related injury and a) you'll still be responsible as private pay or b) depending on statute of limitations, your health insurance may pick it up and then go back to the old employer and subrogate (i.e. still make them pick up the cost) of your remaining treatment.
2) If you re-injure it at another job, the "prior injury" or "pre-existing limitation" doesn't really apply much anymore and most likely a future employer could end up having to take on those costs, but that's not really fair to that employer.

Can any action be taken against you if you quit going to these appointments?

Legally, no & even if it could, most companies wouldn't bother. To be honest, they want to minimize their claims and so if an employee quits - there's less liklihood of that being a continuing claim (or re-injury) and less of a hickey to their overall WC costs and lost productivity due to your time off.

Again though, if you don't follow through with treatment, later re-injure it, and try to continue treatment, see my answer to your first question. =)

Are you supposed to get paid for the work you missed? And if so, what actions do you need to take to get paid?

Yes, if they are insured through a Worker's Comp insurance company or state fund, and you were off work for more than 3 days, you are entitled to a partial payment of WC benefits for the time you missed (not necessarily the doctor's appts if during the day - depending on state law). This is typically 70% of whatever your normal wage is. If YOU are the one that proactively sought to go back to work, they shouldn't give you any grief if you contact the Insurance company about any missing pay. The catch here is that if the company had the work available and you voluntarily chose not to come back for a week, then no, they could deny paying you for that time off.

In a nutshell - if your goal is to feed your family vs. trying to win a lawsuit and big payment against the company, you shouldn't have any legal issues, but just keep in mind you could have other medical issues down the road. Good luck!

MJ MCK

Did your doctor give you a sheet for your manager with your limitations right away? If you didn't have that, they can't assign you work...

Did you file an injury report with HR? Ask if they've sent it in to their Worker's Comp provider. Ask who their worker's comp provider is and contact them yourself. In a lot of states with worker's comp you don't get paid for the first x amounts days of an injury, then if you are still out past the x amount of days, then you are paid back to the first day.

If nothing else works, call your state's department of labor (DOL) and make a claim against your former company. If you have a copy of your former company's injury policy, send it to the DOL.

You may have kinda screwed yourself by quitting your job - people, NEVER quit your job while you are worker's comp - you forfeit a lot of things that way.

Good luck to you.

coconut

As long as you're attending your treatments, your company is obliged to provide worker's compensation. If you quit your treatments they can cut off your worker's compensation.

Tom

Is the company paying the bills or is the company's compensation carrier paying them? Or is the company self-insured? Normally, a company does NOT pay workmen's compensation. That is paid by their insurance carrier.

Presumably, you have filed an on-the-job injury report. If not, you may be totally out of luck. Because laws and rules vary by tate, I suggest you access your State's website and search it for the compensation board, or whatever it is called. Find the closest office and contact them.

If the injury was job-related, having you leave the company by your choice or theirs does not affect the responsibility of their carrier to take care of your problem.

Mel

If you stop going to treatments, the WC insurance company will consider your case as resolved and will no longer pay for treatment. You should have received payment for lost time at work; however, it is not paid at 100% of your normal wages. The WC bureaucracy doesn't move too swiftly, so it can take a while for you to receive the money.

Talk to the HR person at your last company, or to the WC insurance carrier - you should have received a notice when you filed the claim telling you who the carrier is

Good luck.

leysarob

Workers Compensation is handled a little differently in each state, however, most require employers to pay for time missed (or the employer's workers compensation insurance company will pay).

You really need to talk to someone at your first employer's office about what you can/can't do. You might even check with your state's workers comp court -- some have ombudsmen to help employees understand their rights. Look online for your state's w/c system.

hirebookkeeper

These are all questions you should be asking HR or the insurance company if you know what company it is. You should have not quit your job. It takes a while to get that money to you.

billie

i am on workers comp.my employer makes me make my doctors appointments on my days off says it not aloud to make my pt. appointment or doctor app.the days i work they also say they dont have to pay for the time it take me to go to them but i got hurt there so why dont they have to pay for milage or my time also when i take in doctor note with limt that i can do i catch a lot of slack saying they cant do that i question is what do they have to do this is my first and hope last time i have to deal with you are treated like a dirt

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