Workman's Compensation (sorry LONG)

[Pea-n-Me]

The knee can't be fixed with sugery?

 

[Party.Of.4-NY>>>FL]

I would certainly speak with an attorney. If nothing else, just the free consultation to see what your options are.

Given the severity of his injury, his age, and the few years left until pension kicks in. This is a serious situation for your family right now. If you say or do anything incorrectly right now it could have a negative impact on what happens to DH in the long term. Also remember that his employer and WC ins. company don't necessarily have HIS best interests in mind right now.

And no, I'm not an attorney. Not even close. But I was injured on the job about 2 years ago and I saw the way Ins. company wanted to do only as little as possible for me until my attorney got involved.

 

[marthachick]

I would make a trip to HR personally for $2,000. Sometimes you just need to show up for thing to happen instead of relying on phone calls.

 

[Pamlur]

The company must have a CPA firm that they use; those people can tell payroll where to put the checks.

 

[adisneyaunt]

Op: sorry to hear of ur dh work injury. Hope he will be better quite soon!
I too suggest u take down your post(ed details... no need to give ur Impression of what/how things unfolded or frustrations with company .. even without name/s indicated).
Then...
DOCUMENT everything ..ur husband recalls happening. Dates/times/witnesses/weather printout/ photos ??everything!
Any/everything is important. Details fade as does timing.

Then
research a workers compensation attorney ( read reviews and seek a recommendation) ( I would not use a union related one) in your area. Call and get a Free consultation (bringing ur file with you)
Protecting ur rights And Knowing Exactly what u are Entitled to now And in the future is Paramount to getting thru this situation. Your dh is near retirement and you don't want to jeopardize everything he's worked for to have it Disintegrate before your eyes due to a "technicality or missed filing deadline " wc rules are a different animal altogether.
You may not want or feel the need to proceed with a claim at this moment but... that does not mean that it is not something you will NEED to do in the future, especially if there is Any chance he may not be able to perform his job duties as he did Prior to this Incident!
Wishing you the best of luck And a Speedy Recovery!
Knowledge is Power! Protect his livelihood!

 

[gotomu212]

I just want to add there is a huge difference between consulting a lawyer for a few hours at their billable rate and retaining a lawyer to fight your claim for you. In a consultation that are explaining how the process works in your state, the steps you need to take, and when you should be concerned. Typically they aren't contacting anyone on your behalf, nor are they slowing things down, nor are they taking any of your claim or settlement. They are providing valuable information and research in exchange for,you paying for their time.

It's bizarre to me that anyone would equate arming yourself with specific information on your rights to anything negative at all. This is a serious situation and could affect your family's livelihood for years, getting professional advice should be a priority.

 

[nj disney family]

I would contact and take advice from your husbands union rep. His union probably has a person/people that deal with workers comp issues on a daily basis. You are already paying them with your dues. If you are not happy with the results from your union's help, you could then go the lawyer route.

 

[Nancyg56]

If your husband belongs to the union, he needs to involve them This should be effective.

I cannot understand why the WC went to the workplace. It should have been sent directly to your husband. WC insurance is regulated by your state so make it clear to both teh WC insurance company and to your husbands employer that your next step, if this is not resolved in a timely manner thoiugh your union representative is a complaint to the Insurance commissioner.

My husband was injured at work and the insurance company was not getting a timely response about his wages from the company, and his Union rep was a little lackadaisical. I called the BA who intervened and boom! The hours were reported.

 

[lovemylife]

If your husband belongs to the union, he needs to involve them This should be effective.

I cannot understand why the WC went to the workplace. It should have been sent directly to your husband. WC insurance is regulated by your state so make it clear to both teh WC insurance company and to your husbands employer that your next step, if this is not resolved in a timely manner thoiugh your union representative is a complaint to the Insurance commissioner.

My husband was injured at work and the insurance company was not getting a timely response about his wages from the company, and his Union rep was a little lackadaisical. I called the BA who intervened and boom! The hours were reported.

I like your idea of contacting the union rep just in case. The first check came to the house, but the others were supposedly sent to his work somewhere. Nobody seems to know where they are. We didn't cash the first one because he got paid from his vacation and we thought that this had to be returned so time could be put back in to his PTO bank, but payroll does not know what to do, even though it is in the contract to make the employee's checks whole while they have the time. WC pays 80% and his PTO bank would pay the other 20%. But because they were not getting checks or neither did we, but the one, she kept paying my DH from his vacation bank. Now he is down over 1/2 and has lots of money sitting somewhere with nobody knowing what to do with it. So frustrating.

 

[Happyinwonerland]

They can put a stop payment on the checks and issue new ones that you personally could pick up.

 

[Happyinwonerland]

I really think you need to talk to a union rep or anyone that has more knowledge on workers comp. Payroll should not be receiving your husband's workers comp checks. They should go from the insurance company to your house, no middle man. It really sounds like you need someone in the know to tell you if something illegal may be happening.

 

[lovemylife]

I really think you need to talk to a union rep or anyone that has more knowledge on workers comp. Payroll should not be receiving you husband's workers comp checks. They should go from the insurance company to your house, no middle man. It really sounds like something illegal.may be happening.

Is there any reason that the checks went to work and not us? The first one did, but the others supposedly went to work.

 

[Happyinwonerland]

Is there any reason that the checks went to work and not us? The first one did, but the others supposedly went to work.

I have no idea why they did that. I'm not a lawyer and I don't play one on Disboards. That's why I think, at the very least, you should contact your state's office of worker's claims. They can answer any questions you have, and can give you a list of attorneys, should you choose to go that route. I don't feel good about the information you've given so far.

 

[lovemylife]

I have no idea why they did that. I'm not a lawyer and I don't play one on Disboards. That's why I think, at the very least, you should contact your state's office of worker's claims. They can answer any questions you have, and can give you a list of attorneys, should you choose to go that route. I don't feel good about the information you've given so far.

Thanks for the advice.

 

[Pea-n-Me]

Check and see if you have a Workmen's Compensation Ombudsman program in your area. They might be able to help you figure things out.

 

[Nancyg56]

I like your idea of contacting the union rep just in case. The first check came to the house, but the others were supposedly sent to his work somewhere. Nobody seems to know where they are. We didn't cash the first one because he got paid from his vacation and we thought that this had to be returned so time could be put back in to his PTO bank, but payroll does not know what to do, even though it is in the contract to make the employee's checks whole while they have the time. WC pays 80% and his PTO bank would pay the other 20%. But because they were not getting checks or neither did we, but the one, she kept paying my DH from his vacation bank. Now he is down over 1/2 and has lots of money sitting somewhere with nobody knowing what to do with it. So frustrating.

WC is not like disability insurance, you should never be accessing any vacation or sick time. The time is paid from the date of injury. You also should be keeping track of OOP expenses that are related to the injury such as over the counter medications, heating pads or ice packs that you needed to purchase specifically for the injury. Track mileage to appointments, pharmacy, PT, etc. and be able to back it up with your scheduled appointments.

Now, this is what I would do. Contact the WC case manager assigned to your husband, tell her that the checks need to be reissued ASAP, and that if this is not corrected immediately you will be filing a complaint with the Insurance Commissioner.

Call the employer, tell them the Union is involved, and be sure you do involve the Union. Explain that you understand they may not have understood proper protocol in regards to WC cases, but your patience is at end, and that you have already placed your WC company on notice that the next step is the Insurance Commissioner, which will no doubt involve the company. Also, tell the Employer you will repay the vacation bank, which never should have been touched.

One more thing about compensation. A lawyer will not negotiate a larger compensation for you. Every payout must be approved by the Insurance Commissioner, and again those payouts are regulated. There is a formula. One year after the injury your husband will be measured to determine the percentage of loss, and that will generate a calculation for the final payout.

 

[Pea-n-Me]

Just still wondering if anyone said whether this is something that can be fixed with surgery? (Which would potentially affect the long term outlook.)

 

[nkereina]

Every state may be different but where we live, you cannot sue your employer directly. A few years ago, my dad was working on the roof of an abandoned building owned by his company. The site was not properly secured by his company, and he fell through the roof into the next floor. He landed on his back and fractured his back, leaving him out of work and on worker's comp for 6 months. He went to two different lawyers during that time and was told by both that he could not sue his employer. The only recourse he had was if his employer hired a subcontractor to secure the site and they failed to do so, but it turns out his employer had employees secure the site - not a sub. So he was out of luck as far as getting additional compensation.

In your case, you may still benefit from talking to a lawyer just for advice on what to do. I think there is potential for recourse if you are shorted worker's comp. Another option may be speaking to a financial advisor who has experience with worker's comp, SSI, etc. If they can't advise on who needs to fill out what, they may be able to advise on tax or legal implications for both payments coming through, etc.

Best wishes to you and hopes for a speedy recovery for your DH! Good luck!

 

[lovemylife]

Just still wondering if anyone said whether this is something that can be fixed with surgery? (Which would potentially affect the long term outlook.)

Dr. did not say it needed surgery, but after 4 weeks, it is making really bad noises and he literally cannot lift it to climb stairs like you are supposed to. His physical therapist does not think that this is totally going to help because they should have seen this working by now. He walks with a limp and at his dr visit, the dr told him to walk normal. He said that he was. This is how he walks now and the dr says "no, walk normal." He said he cannot. There is a lot of pain on the inside of his knee and he has told the dr that repeatedly and he doesn't do anything. The dr keeps asking him in what position his knee cap was in when he fell and he told him over completely on the side. Dr. then said, that may never heal correctly and the noises hopefully will lessen, but may never stop completely. He was also told that because this happened, it has a much larger chance of it happening again. He cannot go without wearing a brace on his leg. Must support the knee cap from moving.

 

[lovemylife]

Every state may be different but where we live, you cannot sue your employer directly. A few years ago, my dad was working on the roof of an abandoned building owned by his company. The site was not properly secured by his company, and he fell through the roof into the next floor. He landed on his back and fractured his back, leaving him out of work and on worker's comp for 6 months. He went to two different lawyers during that time and was told by both that he could not sue his employer. The only recourse he had was if his employer hired a subcontractor to secure the site and they failed to do so, but it turns out his employer had employees secure the site - not a sub. So he was out of luck as far as getting additional compensation.

In your case, you may still benefit from talking to a lawyer just for advice on what to do. I think there is potential for recourse if you are shorted worker's comp. Another option may be speaking to a financial advisor who has experience with worker's comp, SSI, etc. If they can't advise on who needs to fill out what, they may be able to advise on tax or legal implications for both payments coming through, etc.

Best wishes to you and hopes for a speedy recovery for your DH! Good luck!

Thanks for the info. Sorry about your dad. This site was subcontracted to many companies, doing different parts. The ground was really rutted by the building and snow and ice covered. The rest of the area was smoothed out, but not where he was. The subcontractors ended up buying their crew the ice grippers to wear on their boots. Not hubby's employer though.