Looking for advise,Things are at best hairy - Printable Version
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Looking for advise,Things are at best hairy - rick34 - 12-08-2010 11:42 PM
Hi I wanted some advise from thoses that know much more then myself but that is probbaly obvious since Im here asking this is in Geaorgia..
First let me say Thanks for letting me join here and Thanks for any help you guys can offer..
1 week ago today I was at work (service plumber mostly but really I do all plumbing) I work for a very small company and work out of one of his work fans since servic is about 80% and 20% remodels..
I supply no tools,no material,no fuel and I giving what time to come in to pick up the work van and told what time to be at 1st job..Im paid $18 HR and my hours are written on each check..
OK 1 week ago today i was at a very very large church that had a stoped up sewer line and rawl sewer had backed up pretty bad,I do have on his work van a small sewer machine 75ft which I knew it was pretty obvious that a 75ft machine was way to small and my boss wanted me to go get from a rental shop a 150ft sewer machine..
I did ask him how was I supposed to he-man that thing off and back on since I was alone and ask if he thought it would be best to come help but he said no it would be easy to get off and back on..
I got there and was able to get the 300+lb machine off the truck and used it for the day and all was fine at that point but we the time came to load it up the large sewer machine weights close to or just above 350lbs..
when I went to He-man it back on the van I had it picked u and was ready to put it back on the van when I hear my left knee pop loudly and it popped out place and when that went down the weight and pressure went to my back since that was all I could hold it by then when the knee went..
I ket him know right as soon as it happened and what I felt I had hurt..Just to have it looked at I went to my reg doc to let him look at both and he said it apears my knee may be fried since it not stable and moves weirdly side to side and pops out of place when I slightly bend it and then try to staighten it out then it pops very load and not like just popping my knee because it instantly feel as if its going to go back in place and when it does it hurts like hell..
my back I have limited movment and it hurts 24/7 and has caused me to sleep very little since if I move a little I wake up like someone hit me with 110 volts,Ive also got 3 toes on left foot that have been numb since..I have nodoubt something isnt right and ive never had back problmes other then tweaking it once in a while..
Now the fun part when I tol him I feel like I need to see a doc he said thats fine take the day off and do so..I went and see my fam doc and he said my knee is very unstable and looks like its not going to last long..He said and wrote 2 scripts exray left knee & MRI left knee..He also wrote the same for my back exrays and MRI..
As if thing arent bad enough I talked to my employeer when I left the doc and told him we have no choice but to get this done and he said he doesnt think I covered on his workers comp which blew my mind since Im a hrly employee that drives a conpany truck that he pay insurance on and I use all his tools..To me it sounds like he is trying to wiggle out of the claim but thats not going to happen,if you can please give me some advice what to do and i hope he doesnt have a dead mans poicy with no real coverage..if thats the case then wouldnt he be responsable for doc trip,meds,ay for time out of work..Thanks for any insight you can offer
RE: Looking for advise,Things are at best hairy - 1171 - 12-09-2010 02:52 AM
neither the employer nor the employee gets to decide who is covered for workers comp and who is not.
to apply for benefits you need to complete and file a WC-14, with the State Board of Workers' Compensation and send a copy of the form to your employer and their workers' compensation insurance carrier.
If you don't have information on your employer's insurance carrier, call the Georgia state comp board Coverage Desk at 404-656-3692.
for basic information on Georgia work comp
RE: Looking for advise,Things are at best hairy - rick34 - 12-09-2010 10:58 PM
OK so I talked to him today and when I mentioned the back and knee xrays and Mri's He said he didnt want to tell me but he said he doesnt have any workers comp..what is in store for me and him..also am I about to get blown off or does he have to have some kind of workers com by law..srry I know nothing or where to start with this but ive got a bad feeling he has no lans to hel at all and he made it clear today when I talked to him that he doesnt and hasnt ever carried WC..
my understanded was any plumbing companys that has a emloyee must have some type of coverage in case the worse happens or I thought it was illegal for a company not to carry wc..whatch folks Think is in store for me and could this come down to me having to sue him? I hope not but he did lie hiss ass off when I went to work for him and he said not to worry because he has wc and couldnt operate without..lease hel..Thanks
RE: Looking for advise,Things are at best hairy - 1171 - 12-09-2010 11:04 PM
depends on if he is legal or not:
"Every employer, individual, firm, association, or corporation, regularly employing three
or more persons, part-time or full-time, shall provide workers' compensation insurance coverage."
if he is legally uninsured then you are able to file a civil suit.
if he is illegally uninsured then there is a fund to pay claims.
"An employer failing to provide coverage as required by law shall be held responsible for compensable injuries in the same manner as an employer having coverage. In addition, the Board may assess attorneys' fees, civil penalties and a 10% increase in compensation to the employee.
An Enforcement unit has been established at the Board. The number to call to report fraud including failure to secure workers' compensation coverage is (404) 657-7285."
RE: Looking for advise,Things are at best hairy - rick34 - 12-09-2010 11:21 PM
Let me ask you because I noticed the 3 reg emloyee part so Im his full time employee and I know he has others that work part time and Im sure he pays them cash and maybe thats why but does this mean if Im considered his only full time worker that he doesnt have to have wc to cover me if injuried..maybe I just read it wrong and hope I did but if I didnt then what can I do to cover medical cost and any wages lost.The doctor has ordered 2 xrays and 2 mri's and thinks I blown my knee up pretty good and may need surgery and none I could pay for..if I missed something and in a panic misread it please tell me there is something I can do to have med and missed pay compensaded to me..Thank you very much for your help
RE: Looking for advise,Things are at best hairy - 1171 - 12-09-2010 11:49 PM
yes you read it wrong. if he has 3 employees coverage is required.
call the enforcement unit, they'll make the determination.
RE: Looking for advise,Things are at best hairy - Bernie57 - 12-09-2010 11:58 PM
After you call the Georgia State Coverage Desk at 404-656-3692.
Let us know if your employer had proper coverage. Everything will be on hold until you know what coverage he has/hasn't.
Good luck and keep us updated. Bernie
RE: Looking for advise,Things are at best hairy - rick34 - 12-10-2010 12:21 PM
Thanks again for you guys helping me navigate my way to finding something out.
I called to check his coverage and the lady I spoke with said that He cancalled his workers comp on Nov 15 2010..
Im not pos but I'm pretty sure he has fired me or as he put it since my knee is shot and I cant lift anything or move very well that he's going to have to get someone else work because he had back surgery from a work accident he had 2 years ago and he said he knows how hard it is to try to work while injured,Then he said before hanging up he hopes I hoe you feel better soon..lol
The lady I spoke with said I could file the injury with her and a court date would be set in about 30 days or so for a judge to make a decision on and she said I could also file or turn him in for not having workers comp and he would have to pay a fine of $5,000 for each hrly employee which Im not not sure if anyone he works is hrly other then myself.
I know I really dont want to wait 30 days before having xrays & Mri's done on my back & knee and damn sure dont want to sit here not being able to work for that time..what's the next step?Is it making a claim and waiting 30 days or so for a court hearing? or is there a better way to speed things up so I can get this taken care of quicker. Thanks and I know I many ?s & I'm also very thankfull for the help you guys/gals have provided
RE: Looking for advise,Things are at best hairy - 1171 - 12-10-2010 12:24 PM
to speed things up you'll have to pay yourself or get health insurance involved or have your employer come up with cash payments for the doctors.
RE: Looking for advise,Things are at best hairy - rick34 - 12-10-2010 12:41 PM
so I need to call back and file the claim against him and just wait it out,I know there is probably no way he will pay any doctors cost & I have neither insurance nor money to pay for thousands of dollars for 2-xrays & 2-Mri's plus I'm pretty sure there will be the bigger cost after I have those done..
I know you answered the above already it just sickens me a employer can do this to a employee just because.I dont think he will be willing to pay for any without being forced to since he had no problem replacing me even though he hasnt given me my walking paper yet but he wont give me my last check.. I'm pretty much looking at a long drawn out ordeal here right?
Should I handle this myself or would it even be worth getting a WC lawyer involved?could he do anything I cant do myself