Workers Comp?

Question

Hi I am from California and I hurt my knee this Nov. and my work sent me to a doctor and then they sent me to a ortho doctor in which took me off work due to some minor tears in the ACL and the workers comp nurse went behind my back to the Ortho doctor and got him to release me back to work without seeing me a second time. in fact it was my work who called me and said I was released (never saw any paper stating it) When I went back to work on the 6th day as I stepped down off the stairs of the bus my knee gave out and I fell to the dirt ground, now they think I did more damage the PT thinks I tore the madiscis(sorry for spelling) because of the knee cap clicking and popping, he said he never heard that before in my knee. So the first doctor I saw is going to order a new MRI. My question is do you think I should obtain an Attorney due to how my works workers comp is doing..I love my job and they treat me good but it is the workers comp people who are AH.

Answer 1

eh workers comp is terrible..my boyfriend is dealing with them right now. I would set up for a consultation with a lawyer and explain them your case...the workers comp nurse had no right to contact your doctor, their job is to determine your disability and nothing else. But you should definitely speak to someone because they should of notified you and seen you a second time before releasing you. Good luck!!

Answer 2

Depending on what state you live in you may or may not have the right to see your own doctor. In some states after a certain amount of times, for example 90 days, you can see your own doctor. In some states such as FL where I am your treatment can be totally dictated by the adjuster. If you feel you are being mistreated you have several options. You can contact your states workers comp office and they often have a grievance form or department that you can fill out or talk to. Another route would be to hire an attorney experienced in workers comp. I am not a big fan of lawyers but they are an option if you feel you are being mistreated. Just be careful as some employers will fire you if you hire a lawyer. This is totally legal in a state such as FL as it is a right to work state.

Answer 3

You are entitled to go to your own doctor for treatment. You may have to also go to theirs, but you decide who treats you.

You should prob. talk to a WC based attorney just to learn about your rights and entitlments.

If there is any permanent disability, then you will likely need an attorney although the payouts are pre-defined by law.

Remember.. the WC people are there to provide you coverage, but also to monitor the costs. Sometimes they get a little overboard. They are not hired by your company but rather by the insurance company that provided the coverage to your employers.

Take a moment to read all that stuff they gave you when you first got hurt... its good background... then decide what to do.

good luck.. Knees are pretty bad to bang up.. hope you heal fast.

Answer 4

Work comp is coverage that your manufacturer will pay for his or her staff once they get harm at paintings. Lots of men and women get harm at paintings, the cause that paintings comp used to be mounted within the first situation is to hinder litigation. It used to be some way for the manufacturer to be covered from dull regulation fits. Insurance manufacturer are traditionally those that furnish the coverage, nevertheless a few states are monopolistic states reminiscent of Washington state which paintings comp claims pass via the federal government. When you get harm at paintings you must file for your agency as quickly as feasible, regardless of how dull the damage is. You will probably be tested through both your constant health care provider or a piece comp health care provider. Some medical professionals do not or don't seem to be licensed through the paintings comp division. Each state has exclusive regulations and laws. Some employers do not like paintings comp since it the extra they get the larger they received to pay, nevertheless thats side of lifestyles. Some employers battle circumstances reminiscent of again accidents as good as hernias and what now not. Your damage to the toe cannot motive so much disorders in any respect. Work comp additionally is helping preserve the injured occasion. There are legislation that in case you omit a precise quantity of days you must be entitled to Temporary whole incapacity (TTD) which will pay you even as you're off paintings. It may also be two/three of your usual weekly salary, nevertheless a few states are exclusive as its established for your marriage or dependents. Work comp additionally is helping the injured men and women who lose a precise side in their frame, reminiscent of amputations, variety of movement and such. If your toe used to be so badly injured that you just needed to amputate it than you could be entitled to an award known as everlasting partial incapacity/impairment, there are traditionally formulation that aid the adjuster determine how much cash you must get. Died at paintings? Work comp has legislation for that too. If an individual died at paintings after which that character's loved ones gets both lifetime advantages or a lump sum award and funeral fee. Again every state will depend on it. However simplest the dependents and the partner can get it, your mother or dad can not. If that character who died did not have a partner or stylish than the cash is going to the state fund. Work comp claims can pass to hearings, traditionally while there's a confrontation of whether or not the damage happened at paintings. For example, if the fellow who used to be chubby died at paintings from a middle assault then questions arise like, did the claimant have earlier middle disorders earlier than? Did his chubby popularity used to be the main contributing motive? What used to be he doing? Work comp, it is there for you, and your manufacturer

Answer 5

i'm in a smilar position. it seems like the smartest thing to do is talk to a lawyer, even if just to find out if you have a case? sounds like you have a legit complaint. work comp laws vary in ea. state. do you have a risk manager at your work (that handles your case) that you can talk to? mine has been very helpful and on my side. who is the work comp nurse? state employee? you should have a nurse case manager or advocate from the insurance co. handling your case and they can be a laison for you...GOOD LUCK!!!!!