no check since August and lied to by employer and work comp company as to why - Printable Version
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no check since August and lied to by employer and work comp company as to why - ecvq28dh - 10-10-2009 12:47 AM
I have been received work comp since injury in Jan and had surgery in May. I have been doing tansitional work program and my employers keeps having me work outside my restrictions. I have reported my income to my work comp company but they haven't sent me a check not even a mileage check since August. They first claimed it was in dispute at the state which is a lie, then said it was my employers fault ecause they reported my income wrong. My employer claims that the w.c. company miscalculated everyones checks. Now my w.c. company says that I have been being overpaid in previous months (though no documentation to prove it) and now think I should settle for a lesser amount.. I am done talking with them and am hiring an attorney but am wondering is this common?? This is my first time ever dealing with all this and I am angry, frustrated, and ready to refuse to do the transitional work program and go back to my Dr. since I'm probably going to need a second surgery anyway. Has anyone ever dealt with anything like this?
RE: no check since August and lied to by employer and work comp company as to why - nwpapa - 10-10-2009 01:45 AM
I have never personally had that happen. What I can tell you from the info I gathered is that situations like this differ with the diffrent companies. Also, be sure to keep copies of everything you submitt. I suggest you get a folder and document, document and document. Another factor involves the person who is handling your claim and their experience. You may want to request anther, more experienced, person to handle your claim. Again, having an attorney doesnt hurt.
RE: no check since August and lied to by employer and work comp company as to why - Bad Boy Bad Boy - 10-10-2009 12:03 PM
Welcome and yes, your in the right place, as many of us here has gone through this, some still are.
If you could, we need to know what State your claim is in, so we can help better. You can also update your profile by only apply your State in there, so we know what State we are dealing with.
RE: no check since August and lied to by employer and work comp company as to why - Tuffy - 10-10-2009 12:18 PM
Your employer is in the wrong by having you work beyond your restrctions. and you could harm your case by not refusing.. You should always work within your restrictions Did your Dr give you written restrictions?. if so make a copy and show it to your employer whenever they ask you to do something you are not to do.
If retaining an attornry make sure he/she is a reliable WC attorney with lots of experiance.....Good Luck
RE: no check since August and lied to by employer and work comp company as to why - Manley2 - 10-10-2009 02:31 PM
Thats what I was going to say. If you are going passed your restrictions and they are making note of this they will use it to say you are not as injuried as you say. Once you are injuried don't think your employer is your best friend because this is a business and money is the bottom line for most employers. Most do take care of the injuried work and see that they do what they can to make life better but as you seem to be learning the hard way is some just want to make life harder in hopes you will just deal with the pain and not cost them too much money. Good luck
RE: no check since August and lied to by employer and work comp company as to why - ecvq28dh - 10-10-2009 07:26 PM
To all who replied, I thank you so much. I have everything documented, and have saved copies of everything. I have showed my employer repeatly my restrictions, however their interpretation is whatever they want it to be on that given day. For instance I have a two hour per day writing/typing restriction but they have me scheduled to do 8 hours per day of computer instruction this week. Their reasoning is using the mouse is not the same as typing. By the way I am from Michigan had shoulder surgery with a bicep/tricep tendon repair, labral repair, capsular shift, mumford procedure, and subacromial decompression, and I am right handed. My employer currently has over 14 wrongful termination cases pending just since July, though they are not work comp related.