r/WorkersComp

Settlement CA

I don’t want to annoy my attorneys office but I signed my settlement on the 27th of July. The insurance still hasn’t sent out my settlement paperwork. Can they really take a whole month to sent out & not be seen as negligence or something ?

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u/Bigmeech189 — 1 day ago

NJ workman’s comp

Hi everyone. I got hurt at work last week. I work construction and I felt a pain in my hip while moving materials. I kept working for a few days, the pain got worse, I tripped over an exposed screw and I haven’t been able to walk right or hold weight on my leg since then. I assume that I have a pull or moderate tear of a tendon but I’m not 100% sure. I texted my supervisor explaining that I was injured and have been calling out every work day for a week. Now it is clear that I might not be able to get back to work for a little while without risking further injury. I have an appointment to be evaluated by a physical therapist tomorrow. I think now is the time to put forth a workman’s comp claim. Does anyone have any advice on how to move forward or anything to look out for?

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u/bisforblunts — 1 day ago

Hear me out

So my husband got injured inside hospital’s place. His shoulder had problems now his foot because of the fall.

Went to the doctor got a letter saying he’s out of work for 4-7weeks, depending on his foot that surgery might be necessary if it doesnt improve.

My husband already have a lawyer since this happened. But I wanna know your insights.

Now leave management department told him that he can do light-duty. Doctor said on the letter that HE CANNOT.

The doctor sent another letter with bold letters because we’ve been tired of them ignoring the LETTER OF THE DOCTOR.

Now, they called him again saying “OKAY WE SEE YOU DECLINING THE LIGHT-DUTY JOB SO YOU’ll NOT GET ANY PAY”

so an employee got hurt due to hospital’s negligence, got hurt, cant work for the meantime with all documents needed, with lawyer confimation that he’s all good, hospital called saying his leave is good last week, and this week threatening him that “think about it because if you can’t decide till saturday then no pay”

Like what? This big hospital is so inhumane.

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u/Human-Speaker-3700 — 1 day ago

just looking for general California workers’ comp advice from people who have dealt with something similar.

Posting for someone close to me because we’re not sure what the best move is.

He was recently injured while working in California. He was performing a physical job when a piece of work equipment struck him around the head/ear area. The injury was significant enough that he went to the ER and needed treatment. He has also had some concerning symptoms afterward and has had to miss work while recovering.

The employer knew the injury happened at work. What makes the situation more concerning is that immediately after it happened, there were comments made about removing work clothing/not making it obvious that the injury happened while working. There is evidence/documentation of some of these conversations.

Since then, his boss has been repeatedly pressuring him to come back to work even though he is still recovering. The boss has made comments along the lines of, “You need to come to work or I’ll replace you.”

He hasn’t officially filed a workers’ comp claim yet.

He is basically stuck between two options in his mind:

  1. Not filing workers’ comp and hoping his boss/company will privately cover his medical expenses, missed work, and compensate him for the injury.
  2. Filing workers’ comp, but he’s scared that his employer will replace/fire him or make things difficult for him afterward.

He’s also considering going back to work because he’s afraid of losing the job. He seems to think that if he returns to work, then he shouldn’t/can’t file workers’ comp anymore.

My questions are:

  • Does returning to work prevent someone from filing workers’ comp for an injury that already happened?
  • Can an employer threaten to replace someone because they’re unable to work after a workplace injury?
  • Is it a bad idea to rely on the employer promising to pay everything privately instead of opening a workers’ comp claim?
  • If the employer already knows the injury happened at work, does the employee still need to formally report/file something?
  • Should he speak with a workers’ comp attorney before agreeing to anything or returning to full-duty work?
  • What should he be documenting right now in case the employer later denies what happened?

We’re mainly worried about him protecting his job while also not giving up any rights he may have. He doesn’t want to create problems with his employer, but I’m worried that waiting and relying on verbal promises could hurt him later.

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u/AdhesivenessNext6815 — 23 hours ago

Well tickle me pink and call me Sally, I was right for 6 months!

So lil backstory, I had sustained a back injury about 6 months ago falling on some ice while at work. All the doctors were saying "it's a muscle strain". I've had many of muscle strains in the past, albeit, not with my back, but I felt like it wasn't a muscle strain based on how bad my back hurts, the leg weakness, the pins and needles, the shooting, sharp pain from my back to toes, and almost tripping over my own feet. Well, I just got an MRI (finally, thank you workers comp for delaying that for over 4 months!) and guess what? I got a bulged disc! What sucks even more, is that my pain constantly gets compared to others pain, and I just need to work through with it and toughen up essentially. If *blank* can do it, so can I! 😀

So now, I will see what treatments I need for now. Have I suffered permanent nerve damage? Who knows! If I have, wow. Life couldn't get anymore difficult for me!!!! Now excuse me while I go cry in my bed for a few hours as I process how right I was all along, and how messed up workers comp is! Makes me really wish I would've just gone through my own personal doctor to get this fixed sooner. Would've gotten an MRI a whole lot sooner that's for damn sure!

P.S: if anyone tells you to suck it up when you're in a lot of pain, don't! That'll just push you to the brink of mental exhaustion. Especially if you have a bulged disc!

Edit to add: Should've had this in my post, but I do have a lawyer.

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u/frickityfrog82 — 1 day ago

My wages for permanent disability...

If I'm told I can't do my job anymore by my surgeon, and QME, MMI, what can I expect to live on my ssdi says $2038
a month if permanent disabled, or is there a different rate because I was injured on the job? full thickness rotator cuff surgery FAILED still have tears seen on recent MRI, Dr's say too much / AutoFill ration to
have anumer surgery.
I'm in CA?

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u/lowandslow1972 — 2 days ago
▲ 24 r/WorkersComp+1 crossposts

I can't do this anymore.

I just can't. I need to get this off my chest.

We spend our whole lives with death or dying as our shadows. Never paying much attention to the details of our own unavoidable demise. We just acknowledge that it lingers there.

I've played many potential scenarios out in my head throughout my life. But never ever did I imagine my life would end up reduced to rubble and my will to live so utterly diminished. Because of an injury that happened while on the clock at work. Not a permanent injury. I mean not that I'm aware of. But after 9 months of playing all the stupid effing games. I'm just fucking DONE!

Which would dictate my fate. My life, it's worth and meaning. All balanced on who would take on the financial responsibility for treatment. TREATMENT!

Sound familiar?

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u/Life_Reserve6989 — 2 days ago

Dog bite at pet sitting job. Should I file?

I am in Virginia. I work for a pet sitting company. I looked them up in the VA workers compensation commission and they do have workers comp insurance.

I was bitten by a dog on 8/15 while at a client's house. I have 1 puncture wound and 2 scratches. I immediately called my boss and she told me to just put peroxide on it. She called the dog owner and the dog owner called me and i told her what happened and sent her a picture of the puncture. She said she would pay for care and filed a claim with her home insurance. I told them I was going to urgent care to get it looked at. My boss called me and said not to mention the company when I tell them how I got hurt.

The home insurance agent called me yesterday and asked me questions. I told him that I got bit while working for a company. He told me to follow up with the boss and see if they offer workers comp.

The boss called me today and said I messed everything up because I mentioned work. She said that the home owners insurance won't cover it. I told her that I had paid for the urgent care visit and the antibiotics prescribed to me with my insurance because I went immediately after i got bit. She told me to call the insurance, ask if my claim was approved, and send her the amount so she can write a check.

Do you think I'd be able to get a workers comp claim? I have been able to work at my main job since the incident. I am still having pain in my arm and hand on and off though. Still bruised and a little swollen. The fact that she kept saying not to mention the company because it will hurt them is very sketchy to me.

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u/sugarzebracakes — 2 days ago

Advice

I was diagnosed with carpel tunnel and sent home from work for two weeks, and my job is claiming my injury is not work related based on previous production work however the work load is hugely different and the job I’m at is very demanding. Much more manual where as my previous ones the machines did all the work.

I want to get WC, but they denied me even before they asked for release of my medical records. They went ahead with the STD anyway and it was approved, but if I still go for WC and have a case what should I do?

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u/SpartanKilo — 2 days ago

Benefits end

My 2 years of workers comp payment benefits ended recently. I have had 0 luck with finding work. I am cleared to work with restrictions. Edd told me I am ineligible for unemployment. Do I have any other options until I get hired?

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u/TheVast-Ambassador — 2 days ago

Is it normal to still not have a workers comp doctor almost 4 weeks after injury?

I got injured at work 4 weeks ago in California. I fell about 6 feet nn hit the back of my head on concrete. I was diagnosed with a concussion and also hurt my neck and back.

Its now almost 4 weeks since the injury and I still havent been assigned a workers comp doctor or been able to get any follow up treatment through workers comp. I havent worked since the injury either.

I did go to urgent care/ER a couple times right after it happened and had a CT scan, but since then I've basically just been waiting for workers comp. I already filed the DWC-1 and there is an adjuster handling the claim.

Is it normal for it to take this long to get assigned a doctor? What am I supposed to do in the meantime if I'm still having symptoms and can't get seen?

Also for anyone in California who went through something similar, how long did it take before you actually got a workers comp doctor?

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u/ibrokemyhead — 2 days ago

Unsure what to do at this point.

Hi,

I’ve been on an employer’s WO for two weeks for a stress related injury that occurred at work. So far they check on me every week to see if I’m fit to go back to work.

Lately, my health has gotten worse. I don’t sleep anymore, I have yellow eyes, and the thought of going back to work sends me into a tailspin it takes days to recover from.

What kinds of questions should I be asking my doctor to actually help me? Sleeping pills are definitely on the list.

Secondly, does this type of stress commonly go away on comp or do I have a bigger problem? Should I even be planning to go back to my employer if the stress is this bad?

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u/tasty_bird77 — 2 days ago

FCE test results question

I did my test Thursday and the Therapist told me after they finished the report it would appear on the patient portal. How long does it typically take for the results to appear, or is it something I won't know until my final doctor's visit next week?

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u/Female_perspective91 — 2 days ago

NJ Settlement Question

Was hurt at work, won’t get into too much detail but my leg was crushed and severely burned, OSHA ruled it total accident. Wound up breaking the leg, 2 skin grafts, multiple operations, nerve damage, etc. I’m wondering if anyone has had a similar incident or also open to hearing all settlements for an idea of what to expect. From what I’m gathering NJ is very regulated and capped for workers comp claims, have you settled a workers claim? If so what did you end up with, did you get a lump sum and how much, or did you get a settled amount and paid X amount until the amount is paid out? Just trying to figure out what to expect, never dealt with lawyers etc before.

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u/Ok_Description69 — 2 days ago

Delivery driver, knee pain (California)

Ive been having knee pain while climbing stairs and getting in and out of the van. I did a worker comp paper and went to urgent care. They did an xray, said that it most likely a sprain. It hasn't been getting better though. It's continuing to be painful on route. Its not so painful that I call out of work tho. Its been about a month now and the pain still continues. Its only when bending my knee. I called the adjuster and asked to be reseen by the doctor. My boss called me asking how my knee was going and I said "so far it hasn't improved" he then kept saying maybe I should find a different job where I can handle the work.

I was put off by that. I'm worried my job is in jeopardy. He has repeated to me on phone calls that "we are family, we will work with you" I love my job and I just want to get better so i can continue it pain free. Today I go in to the doctor again to see if I can't get some physical therapy. Overall, just really worried.

I think I'm just posting this for some two cents and maybe some word's of encouragement.

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u/Hacksawdecap — 2 days ago
▲ 1 r/WorkersComp+1 crossposts

What are my options for a payout - should I start legal action against the employer?

I was injured at work and broke my knee. Had a number of witnesses when the event occurred. Ended up being rushed to ER and had surgery. Company tried to tell me to file it as a non workman's comp event. Anyhoo... fast forward they asked me to work from my hospital
Bed, while I was in recovery and barely had anytime to recoup. I finally had to tell them I'm getting a very small compensation via WC and I need to focus on recovery. since I'm considered highly compensatedW they agreed to make up the difference in pay to make myself available. FF- I've been doing rehab but likely will never be 100%. Every night I go to bed with a swollen k we and a lot of pain and I'm sure they will ask me to start coming back to work.

Surgeon wants to go in to remove the hardware as he thinks that Will help with rehab and pain.

The case worker only cares about when Will
I get to MMI.

What are my legal options - both with my company and what should I push for with my WC insurer? I've never dealt with this and I have no idea if I will have to live with this disability with no legal recourse.

Appreciate kind advice please

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u/Fun-Front7533 — 3 days ago
▲ 2 r/WorkersComp+1 crossposts

Worker Comp Fraud

I have an ex employee that has gone to every government agency trying to get claims against us and every one has denied him including workers comp. He never reported any injuries at work and didn’t go to the doctor until a month after he quit. The doctors he sees only hears his lies so they say he is injured at work but workers comp denied his claim. He has now gotten a contingency attorney and has filed an appeal with the Supreme Court.

This employee has now moved to another state. There is 0% chance that he was injured at work and is now claiming long term disability. The attorney handling the claim for the state said they will be hiring a PI to follow him and see if he is really having the limitations he is claiming.

How do I prevent this fraudster from getting any benefits or settlement? This guy is out of control.

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u/AdDeep1223 — 3 days ago

IME in a month

I got an MMI designation and release last month after a cortisone shot. Was feeling pretty damn good. Then, a few days after seeing that doctor, the familiar pain started coming back. Eventually it was all the way back. So, shit.

I went back to ask to reopen my case, and the doctor said ok. I met with the ortho, who said he'd do one more shot and then it would be surgery.

I then went for a follow up with the doc again and the receptionist said my claim had been denied, which was an embarrassing way to find out.

I made some phone calls. Eventually found out that the insurance company had scheduled an IME for me (when they were going to tell me is unclear).

So now I have to wait another month in pain just to have someone who doesn't know me tell me that pain doesn't matter. It matters when I drive, sleep, get dressed, brush or wash my hair, type, sometimes just when I'm sitting. But because I was able to move the arm just fine after the injection, I think I might not get to go forward with more treatment.

The biggest complications:

  1. I'm currently looking for work. Wondering who will hire me with my current restrictions and a potential surgery coming up.

  2. No lawyer will take my case because I was an employee for a Federally recognized Tribe at the time.

I want to scream all the time.

That is all.

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u/PressureExpert2346 — 2 days ago

When a Physical Injury Becomes Something More - Never Give Up

An injured federal worker is approaching 11 years since her work injury. What began as physical injuries and chronic pain eventually became something much larger.

Years of pain, difficulty finding providers who accept OWCP, delayed treatment, and the struggle to get related conditions formally accepted took a tremendous psychological toll. Severe depression and anxiety began affecting even basic self-care. A physical injury does not always remain a physical injury.

If years of chronic pain are affecting your sleep, mood, relationships, ability to care for yourself, or desire to be around other people, do not hide it because you are embarrassed or because you think that it will not be approved. Tell your doctors what is actually happening. Those consequences matter too.

And do not assume that because a condition has been mentioned in your medical records for years, OWCP has accepted it. There can be a difference between a doctor diagnosing a condition and OWCP formally accepting that condition as part of your claim.

Most importantly, do not give up on yourself.

After nearly 11 years, this worker finally has appropriate treatment in place, family support, and a plan. For the first time in a long time, there was optimism in her voice.

Getting better may start with something incredibly small. Get out of bed. Brush your teeth. Take a shower if you can. Make the appointment. Accept help when you need it. Do one thing today that moves you forward.

A bad day does not have to become a bad week, month, or year. Wash it away and start fresh tomorrow.

The OWCP process can be exhausting, frustrating, and painfully slow. You may not be able to control how quickly OWCP acts.

Do not let the process convince you that there is no path forward. Build your team. Be honest about what you are going through. Make a plan. Take the next small step. And keep going.

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u/Least-Fee-7641 — 2 days ago