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Workers Comp, How long can you wait to file?
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Workers Comp, How long can you wait to file?

Ok, I am in a pickle.

Week or so ago, I lifted a box of Soy Milk (this was a box containing at least 8 individual containers of soy) I put it on my shoulder to carry it from 1 end of the store to the other end where my coffee kiosk was. Last night my shoulder started hurting pretty bad every time I lift a gallon of milk you could hear my shoulder pop and I would feel it pop out of its socket. So I tried going to urgent care because my regular doctor was not available etc..etc..the nurse finally called me and said before we see you was this work related. I said possibly because I only lift stuff when im at work i never lift boxes..weights..anything when im at home. So I told the nurse that its 80% sure its work related and said it happened a week ago or so. She told me they cant see me if I dont have a workers comp form. So I called work today told them I need a workers comp form because of my injury they asked me when it happened I told them the truth, which was week or so ago and they told me that I would have to file it within 24 hours. But heres the thing, at the time I lifted the soy milk I didnt hurt instantly, the day after I lifted that soy my back was hurting so I went to my doctor so my doctor has it logged in my medical file within that time period, Do you guys think I am still safe for filing a workers comp or is there anything I can do?


    




2010-01-06 09:49:34 +0000
Oh mate, you definitely have a case. You should speak to these guys. I did, and I got heaps.


2010-01-07 04:23:00 +0000
This happens all the time at work where you are hurt but nothing hurts at all. While your company said that you need to file the claim within 24 hours that is typically the company rule and not a state rule. Most states allow claimants to file a claim within 60-90 days, sometimes you can even file a year later, though that's not recommended.

Make sure you write down who you talked to about the work comp for your company. The reason is that if they don't file it you can let the adjuster know that you notified them of the injury on such and such date. This would be the employers date of knowledge (EDOK). You have to continue to ask the company to file the claim because each day that goes and you continue to lift items could aggravate your shoulder worse and make everything worse. See it as if you don't treat that cut and you continue to bleed you'll eventually die of blood loss where stitches could have helped.

While its the company responsibility to file the claim on your behalf, some companies don't do this, so you need to see a doctor. If your doctor does work comp ask them if they can file it on your behalf, or ask urgent care to file it on your behalf. Urgent care will likely want you to have an insurance card just in case you don't have a claim.

If your company continues not to file the claim because you failed to report it withing 24 hours you can always contact your work comp offices in the state, usually a ombudsman can help you here. Tell them that your company refuses to file the claim and you want to file a claim. They will tell you who the carrier is and tell you where you can get the forms to file it yourself.

It's important you know who you told of the injury, if it's a co-worker than it won't work, if it's a supervisor than your EDOK has been established, it's up to them to file it or they can face premium fraud from their insurance company.

It's within your right to have an attorney.

Good luck


2010-01-04 01:15:47 +0000
Rating
companies don't like w/c claims as their premium go up and thus their profits go down....
the longer you wait the lower the chance of the claim being considered legitimate...
tell your employer that you still want the form.... and want to make a claim...
if they refuse contact the state labor department...you have a right to make a claim, and the fact that you do have documentation of the back injury is a plus....then you can always call a workers comp attorney and get a consultation.....





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