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SDI/workers comp ?

  1. #15
    Senior Member Futs's Avatar
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    Quote Originally Posted by nasty toys racing View Post
    wow you say disability wont pay the bills if i were to go out on disability i would get 1400 a week i think i could survive on that and some,disability pays way more than w/c but if you go out on w/c your coverd till the doctor releses you,wich could mean years
    Im out on short term disability which is 55% or your weekly wage. Im not on State disability.

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  3. #16
    gn7
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    Scoooter is right in that way too many peole think you are suing yu employer. Nothing can be further from the truth. In fact the WC insurance is a barrier between yur employer and you in the event of a law suit. If he did nothing illegal in your work activities, he is except from a company/personally law suit. He would have to insist you do something to be a know hazard to your well being, while threatening your job for refusing, he'd be open to a company/personal law suit. Other wise, its WC. WC is as much for his protection as it it is for your benefit.

    If your doctor could not determine that it was work related until sometime after you were out of work, you can still file a WC claim. There was no way you could have know it was work related until the doctor said it was, unless it was something that was very appearent at the time the injury happened. Even if you cut your self at work, knowing full well it it happen at work, you can file a WC claim later if it should become infected to the point you loose work because of the infection. Its happened at our place more than once. If you had filed a claim for WC without the doctor telling you it was work related, you would be wide open for fraud charges. You had to wait unti he said it was work related to file a WC claim. You had no choice.

    As for SDI, your on it till your doctor says your not. But the same goes for WC as well. Only difference is, your med bills are covered under WC, period.
    As for your families med insurance, as much as it sucks, when it done, its done.
    File the WC now! If they fight it, get yourself a lawyer! Just make sure your doctor is willing to state on the claim that was a work related injury, or your standing in the rain on your own, and that is no place to be when it comes to dealing with the WC



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    Last edited by gn7; 03-31-2011 at 11:40 PM.

  4. #17
    Senior Member scooooter7's Avatar
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    Quote Originally Posted by Futs View Post
    Im out on short term disability which is 55% or your weekly wage. Im not on State disability.
    Short term disability? Is that something you paid for like Aflac?
    HALEY: ďIím just worried about this house thatís on fire and Iím trying to keep it from burning down.Ē Well it looks like Haley's time in KC burned down, so off to the Steelers he goes. See ya!

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    http://en.wikipedia.org/wiki/Super_Bowl_IV

  5. #18
    Senior Member scooooter7's Avatar
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    Quote Originally Posted by gn7 View Post
    Scoooter is right in that way too many peole think you are suing yu employer. Nothing can be further from the truth. In fact the WC insurance is a barrier between yur employer and you in the event of a law suit. If he did nothing illegal in your work activities, he is except from a company/personally law suit. He would have to insist you do something to be a know hazard to your well being, while threatening your job for refusing, he'd be open to a company/personal law suit. Other wise, its WC. WC is as much for his protection as it it is for your benefit.

    If your doctor could not determine that it was work related until sometime after you were out of work, you can still file a WC claim. There was no way you could have know it was work related until the doctor said it was, unless it was something that was very appearent at the time the injury happened. Even if you cut your self at work, knowing full well it it happen at work, you can file a WC claim later if it should become infected to the point you loose work because of the infection. Its happened at our place more than once. If you had filed a claim for WC without the doctor telling you it was work related, you would be wide open for fraud charges. You had to wait unti he said it was work related to file a WC claim. You had no choice.

    As for SDI, your on it till your doctor says your not. But the same goes for WC as well. Only difference is, your med bills are covered under WC, period.
    As for your families med insurance, as much as it sucks, when it done, its done.
    File the WC now! If they fight it, get yourself a lawyer! Just make sure your doctor is willing to state on the claim that was a work related injury, or your standing in the rain on your own, and that is no place to be when it comes to dealing with the WC
    If an employer knowingly had you do something that could cause an injury, there is something called "Serious and Willful" that a WC attorney can file on your behalf. It is seldom used and even more seldom won by the claimant.

    The results are similar to a personal injury award... i.e. Half of all Dr.s costs are paid to you.
    HALEY: ďIím just worried about this house thatís on fire and Iím trying to keep it from burning down.Ē Well it looks like Haley's time in KC burned down, so off to the Steelers he goes. See ya!

    http://www.theworldwar.org/s/110/new...community.aspx

    http://en.wikipedia.org/wiki/Super_Bowl_IV

  6. #19
    Senior Member scooooter7's Avatar
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    Also a worker has up to one year from the injury date to file a WC claim.

    The longer you wait though the tougher to prove.
    HALEY: ďIím just worried about this house thatís on fire and Iím trying to keep it from burning down.Ē Well it looks like Haley's time in KC burned down, so off to the Steelers he goes. See ya!

    http://www.theworldwar.org/s/110/new...community.aspx

    http://en.wikipedia.org/wiki/Super_Bowl_IV

  7. #20
    Senior Member scooooter7's Avatar
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    OK ...last post tonight.

    The inflamed tendons could be the result of an impingement problem in your shoulders. The solution is arthroscopic surgery to remove up to about 5 mm of bone from the end of your shoulder. Problem is it grows back so if you continue to do what inflamed it originally you will need tune ups.

    For inflamed tendons I used to use ice, frozen in a paper cup. I would tear off the top strip to expose the ice and rub on the tendon for about 5 minutes, until very pink or red. The harder the better, kind of like deep tissue massage. As it thaws the blood flow will remove the inflammation and reduce the swelling. Much better for the body than cortisone shots.
    HALEY: ďIím just worried about this house thatís on fire and Iím trying to keep it from burning down.Ē Well it looks like Haley's time in KC burned down, so off to the Steelers he goes. See ya!

    http://www.theworldwar.org/s/110/new...community.aspx

    http://en.wikipedia.org/wiki/Super_Bowl_IV

  8. #21
    Senior Member havexico's Avatar
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    This is all correct info. Also, if you told your doctor that you hurt yourself on the Job, he should have remarked about it in his notes. He should have also indicated that it should be billed through WC (many doctors will try and stay out of it and just happily bill your self insurance). You should also request from your doctor a statement that he believes your injuries were sustained while working.

    Its always hard to go-back and file a claim. You will be denied most likely and need the lawyer. If you think your injury is healing and it will get better soon, I recommend just letting it go and save the headache. If you think that your injury will affect you for along time, then its worth the time to get the attorney. Your employer HAS to give you the WC info. Its the law. Then its up to the WC to decide how they will act. Try and find a doctor who is a WC experienced physician. They know the law and are usually known by the WC insurers and will usually follow their lead.

    Do yourself a favor and do whatever you can to help yourself get better... Home care as much as possible. Because it becomes a nightmare at this point if you dont get better. Wrongful termination can be part of the suit if you have a claim. Otherwise no...

    Quote Originally Posted by scooooter7 View Post
    YES you can. And yes you must!

    First you MUST go to your employer and insist that you want to file a WC claim. Do not leave until you get the proper paperwork and fill it out. They won't like it but tough poo poo. The facts are the facts. Immediately fill it out and turn it into them and get your copy. They have 24 hours to accept or deny, and will deny... blah blah blah.

    They will refuse the claim because of time, didn't report, etc. Again tough poo poo. HOWEVER, they can put a review on the claim which will take up to 90 days to reach a determination. They will more than likely refuse the claim, so it might be a good idea to get a good attorney. If you need one let me know by PM.

    You cannot get an attorney UNTIL you have filed a claim. Do that FIRST!!!

    A big misconception of the workers comp system (and it has been used in this thread) is people think you are suing your employer. THAT IS WRONG! You are NOT suing your employer, you are filing a Worker's Comp insurance CLAIM.

    Also the worker's comp insurance system is there to protect BOTH the employer and employee. Just like having auto insurance. Other wise when an employee gets hurt, he would have to go thru civil court and SUE the employer to pay for medical bills. Now wouldn't employers just love that????

    It sucks being hurt, believe me I know. I did warehouse work for over 26 years and have had 5 shoulder surgeries...all on worker's comp. I was unable to return to that type work, and am now scrambling to put food on the table. I am about 90% of what I was but must take an anti inflammatory daily. No one wins when injured. Be sure to protect yourself and your family from further problems.

    Feel free to contact me if you have any questions.
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  9. #22
    Ultra26 # 1
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    Quote Originally Posted by Futs View Post
    Thats the thing, I did report it to him. He told me to go to my doctor and see what the cause was and after my doctor sent me to a specialist and 2 cortisone shots and 2 MRI's later the DR said i injured them with my daily duties at work. Thats why he suggested the 5 weeks off and physical therapy. But now that i got laid off and my bennies run out at the end of April, im left to cover all the follow ups and everything on my own.

    Thats the real question, Can I make it a workers comp case so i can continue the treatments and get them healed properly so I can get a new job.
    The Company you work for should have reported this to their comp carrier as soon as they knew you had a work related injury

  10. #23
    Senior Member havexico's Avatar
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    Usually impingement/tearing doesn't happen bilaterally. Most likely a tendonosis/bursa or somewhere else up the line..
    Vary seldom do I need to send patients out for impingement syndrome surg. Only when they dont do their rehab and leave it alone... Majority of the time, Ultrasound, Active release, Kinesiology taping helps it. The next step is oral or injections... Surgery is always a last resort.
    Quote Originally Posted by scooooter7 View Post
    OK ...last post tonight.

    The inflamed tendons could be the result of an impingement problem in your shoulders. The solution is arthroscopic surgery to remove up to about 5 mm of bone from the end of your shoulder. Problem is it grows back so if you continue to do what inflamed it originally you will need tune ups.

    For inflamed tendons I used to use ice, frozen in a paper cup. I would tear off the top strip to expose the ice and rub on the tendon for about 5 minutes, until very pink or red. The harder the better, kind of like deep tissue massage. As it thaws the blood flow will remove the inflammation and reduce the swelling. Much better for the body than cortisone shots.
    http://www.performanceboats.com//signaturepics/sigpic1438_1.gif

  11. #24
    Senior Member scooooter7's Avatar
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    Quote Originally Posted by Ultra26 # 1 View Post
    The Company you work for should have reported this to their comp carrier as soon as they knew you had a work related injury
    Yes they should have but obviously didn't when the Super told him"He told me to go to my doctor and see what the cause was ".

    Once you go to your own personal DR and get treatment...it's a whole other can of worms.
    HALEY: ďIím just worried about this house thatís on fire and Iím trying to keep it from burning down.Ē Well it looks like Haley's time in KC burned down, so off to the Steelers he goes. See ya!

    http://www.theworldwar.org/s/110/new...community.aspx

    http://en.wikipedia.org/wiki/Super_Bowl_IV

  12. #25
    Senior Member scooooter7's Avatar
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    Quote Originally Posted by havexico View Post
    Usually impingement/tearing doesn't happen bilaterally. Most likely a tendonosis/bursa or somewhere else up the line..
    Vary seldom do I need to send patients out for impingement syndrome surg. Only when they dont do their rehab and leave it alone... Majority of the time, Ultrasound, Active release, Kinesiology taping helps it. The next step is oral or injections... Surgery is always a last resort.
    Good treatment is few and far between in our current WC system in CA (at least in my opinion). You have limited physical therapy visits to ever really accomplish anything. And who's to say problems won't arise down the road?

    All the items you listed are true and surgery is only performed after a year of pain and little improvement.

    Where are you located Havexico??
    HALEY: ďIím just worried about this house thatís on fire and Iím trying to keep it from burning down.Ē Well it looks like Haley's time in KC burned down, so off to the Steelers he goes. See ya!

    http://www.theworldwar.org/s/110/new...community.aspx

    http://en.wikipedia.org/wiki/Super_Bowl_IV

  13. #26
    Senior Member Futs's Avatar
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    Thanks for all the info and PM's.
    I Will be consulting a lawyer on monday.

  14. #27
    Senior Member havexico's Avatar
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    Simi Valley
    Quote Originally Posted by scooooter7 View Post
    Good treatment is few and far between in our current WC system in CA (at least in my opinion). You have limited physical therapy visits to ever really accomplish anything. And who's to say problems won't arise down the road?

    All the items you listed are true and surgery is only performed after a year of pain and little improvement.

    Where are you located Havexico??
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