Is my company taking me for a ride? - Printable Version
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Is my company taking me for a ride? - Hurt Hoosier - 06-24-2008 02:01 PM
The jist of it is, I, like all of you got hurt at work. I have two hurniated disks and haven't been to work in over a month. My company told me I only get one week worker's comp and then I have to fill out this short term disability pay form to get 4 weeks at half pay. Then, I am on unpaid sick leave after that. Now, my mother-in-law is very upset about this. She said I shouldn't have gotten my paid sick days taken away (I forgot to mention that. They took the rest of my sick days from me) and Worker's Comp pays for longer. I am wondering if the company even reported it. I haven't even gotten any pay. I am assuming they are paying my medical from the doctor. I haven't gotten a bill yet. The kicker is I didn't even fill out the form and they called me and told me I was approved for short term disability pay for 4 weeks at half pay only. Are they taking me for a ride? They had to approve all my treatments and tests and it seems as though every time it took a week or more because of some dumb reason or another. For example, "it never showed on my file I waws hurt at work". My doctor got fed up and called every day and faxed paper work to them more than once and finally it magically appeared to be there all along. What do I do? Please Help...in Indiana!
RE: Is my company taking me for a ride? - sillyme - 06-24-2008 02:17 PM
Hello hoosier, Well its just my opinion but if you haven't gotten a lawyer yet I would do so soon. It sounds like the games my employer has played !!!!! They have found every means possible to make sure I recieved no money and also avoided w/c. In fact I also for a long time wonderd if they had even reported my injurys to w/c. Only after becoming agravated by them pushing me to collect any other way but w/c I hired a lawyer and found out that they never even reported it.
My company also has refused my sick days an vacation time.
Sounds like you could be in for a long haul with them.
Hang in there and make sure to protect yourself first. You did nothing wrong by becoming injured dont let them railroad you into thinking so.
RE: Is my company taking me for a ride? - ace25 - 06-24-2008 02:19 PM
Sounds like they are trying to pull a fast one. Something is definitely not right here. Sounds like they have not filed the required report, or they are not insured. Indiana has an Ombudsman. Call them asap and tell them what is happening. (800) 824-COMP
You may also want to find a good lawyer.
RE: Is my company taking me for a ride? - kate - 06-24-2008 02:30 PM
There is a 7 day waiting period where you do not get paid by WC unless you are out more than 21 days (must be by a doctor, not judt due to pain) Then the first seven days is paid retroactively. Statute 22-3-3-7: http://www.workerscompensation.com/regulations/stateitem.php?ID=6117&state=indiana&Parent=507&title=
Temporary Total Disability is paid at 66 2/3% of the employeeÃ¢â‚¬â„¢s pre-injury average weekly wage. Temporary Total Disability payments are payable up to a maximum period of 500 weeks. Statute 22-3-3-8: http://www.workerscompensation.com/regulations/stateitem.php?ID=6119&state=indiana&Parent=507&title=
Employers must file the EmployerÃ¢â‚¬â„¢s Report of Injury with the WorkerÃ¢â‚¬â„¢s Compensation Board if an injury results in the death of an employee or in the employeeÃ¢â‚¬â„¢s absence from work for more than one (1) day. Failure to comply with reporting provisions may subject the employer/carrier to a $50 civil penalty to be collected by the Board. This report must be filed with the employerÃ¢â‚¬â„¢s insurance carrier a) within seven days of the occurrence of the injury or death, or b) within seven days of the employerÃ¢â‚¬â„¢s knowledge of the injury or death. The employerÃ¢â‚¬â„¢s insurance carrier must then electronically file the report with the WorkerÃ¢â‚¬â„¢s Compensation Board a) not later than seven days after receipt of the report, orb) fourteen days after the employerÃ¢â‚¬â„¢s knowledge of the injury, whichever is later. Statute 22-3-4-13: http://www.workerscompensation.com/regulations/stateitem.php?ID=6157&state=indiana&Parent=508&title=
You can go here to see if a report has been filed with the WC board: http://wcbnec03.wcb.state.in.us/jcn.asp
RE: Is my company taking me for a ride? - Hurt Hoosier - 06-24-2008 02:45 PM
Thank you so much everyone. You've helped a lot and I have a better understanding now how to handle everything. It sure can be scarey when you have no idea what to do and children to feed and a roof to keep over everyone's head. I am wondering if the Temporary Total Disability is what my company is reffering to as short term paid disability. I just don't understand why I'd only get 4 weeks if the max is 500. Well, with all your help I'll figure it out. Thanks again.
RE: Is my company taking me for a ride? - kate - 06-24-2008 03:13 PM
Short Term Disability is not the same thing as TTD. Check out whether your employer has filed your claim or not with WC from the link in my prior post. If not, you may want to talk to them again. If you get no satisfaction, talk to an attorney. The consultation is usually free.
RE: Is my company taking me for a ride? - sparkey - 06-24-2008 07:29 PM
Just out of curiosity, I was wondering if you had the website link to NH to find out if your workers comp. claim has been filed like the indiana one? I think that is pretty good to be able to check like that and I know mine is already as I have been on it for a year, but it would be good to have if ever needed for someone I know that may get injured.
RE: Is my company taking me for a ride? - kate - 06-25-2008 09:10 AM
I haven't found one for NH. I looked this morning but didn't see anything. I don't think a lot of states have that capability. I will look into it and post any states that I do find.
RE: Is my company taking me for a ride? - sparkey - 06-25-2008 12:06 PM
Thank you Kate. Hoosier? I do not know why on earth they would make you use your sick time either. That is time you earned. When I was out of work for 8 months, NOT ONE day was taken out of my sick time/vacation etc. Matter of fact, when I gave my notice to leave that employment, I used my last two weeks as my vacation pay that I had left.
Different states may have different rules when it comes to that, but I feel it is VERY unfair as it is not a VACATION when your injured. That is time you earned for working hard.
RE: Is my company taking me for a ride? - Hurt Hoosier - 06-25-2008 10:07 PM
Hey guys! I did check that website and it said it was filed six days after my injury. Does anyone know, is there maybe just a delay in payments or something. Do I not get money for a while after? I don't know what to do about the sick days they took from me, but boy you should hear my mother-in-law! She's awfuly upset. It's nice to know she cares so much though. Anyway, I don't think they have went into my vacation time but they have been talking about it I know, and you're right Sparkey, this is definitely not a vacation. Thanks again.