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didn't file cuz boss didn't want me 2.
06-08-2010, 05:09 PM
Post: #1
didn't file cuz boss didn't want me 2.
i rolled my ankle on the job and went 2 the emergency room. my ankle is severely sprained and im flying home (i work out of town) 2 c an orthopedic surgeon. there is possible, if not likely, ligament damage. my boss doesn't want me 2 file a claim 4 obvious reasons. he's been paying all of my bills and giving me my hrly rate b/c im out of town. he has been telling me that he'll pay 4 everything if its going 2 b cheaper not 2 file. and its been vaguely stated that i'll also receive compensation 4 missed work. im ok with that. as long as i feel like im being treated fairly (which, up 2 this point i am). what is the deadline 4 filing a late claim and what ramifications should i excpect when doing so if my "fair" treatment from my boss stops? is there nething i can do or at this point am i screwed if he decides 2 cut me off?? it's been 1 wk since the accident and i c the surgeon in another wk.

my boss owns the company and has been very generous w/ everyone who works 4 him including me. i am not trying 2 get over on him by filing indiscriminately and he has potential hazards 2 his company w/ me filing. however, i am not wanting 2 get screwed over and will file if i have 2. my main question i guess is, is there a time limit on filing and what r the consequences of lying 2 the doctors? also, what is the amount of money that i would b paid while on disability?

I would appreciate any advice or opinions. thank you.
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06-08-2010, 05:39 PM
Post: #2
RE: didn't file cuz boss didn't want me 2.
You are playing with fire. Before I go any further. We need to know what state you are in. WC is state specific, so we can not answere your question about the time frame for filing a claim.

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
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06-08-2010, 07:29 PM
Post: #3
RE: didn't file cuz boss didn't want me 2.
depends on how late.
when you go along with employer fraud expect to have to litigate your claim in order to get benefits.
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06-08-2010, 09:23 PM
Post: #4
RE: didn't file cuz boss didn't want me 2.
1171, I did not see any fraud at this point. Can you point out what I am missing??? I can see a fraud issue if there was an IC involved, but the author of this post made no mention of that.

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
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06-08-2010, 10:37 PM (This post was last modified: 06-08-2010 10:39 PM by injuredonthejob.)
Post: #5
RE: didn't file cuz boss didn't want me 2.
not sure what an IC is. I live in ohio but the state i got hurt in is arkansas. i think i can legitimitly defend my claim in court. my boss even stated that if the price of the injury is higher than the consequences of filing a claim that he will go ahead and file a claim. my foreman made mention of using proper verbage 2 legitimize a late claim. he said there is a "grey" area when it comes 2 being out of state because he can claim that i was not "at" work but since im always on the clock he can claim that it was still relevant 2 workmans comp. he blows alot of smoke up ppls asses so i have no idea what is true at this point.

i appreciate the consideration
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06-08-2010, 11:19 PM (This post was last modified: 06-08-2010 11:27 PM by 1171.)
Post: #6
RE: didn't file cuz boss didn't want me 2.
AQA:
neither the employer nor the employee gets to chose which claims they will file and which they won't
it's illegal to hide the existence of a comp injury in any state - self-insured or insured.
as well as:
"what r the consequences of lying 2 the doctors?"
pretty obvious to me what's going on.....

you don't have to be "at work" to have an injury caused by your work.
I suspect Ohio benefits are better then Arkansas so if you are going to file
talk to the ombudsman
1-800-335-0996
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06-09-2010, 12:28 AM
Post: #7
RE: didn't file cuz boss didn't want me 2.
1171, I did not know that is was illegal to NOT file a claim. Interesting. Thank you.

injuredonthejob, There is a time limit for filing a claim. I believe you can file yourself. Hence you do not have to wait on your boss. What my fear is. 1) staying within the law. As 1171 mentioned. 2) What are you going to to if the time line has passed and your boss all the sudden says that you are FIRED.

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
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06-09-2010, 11:19 AM
Post: #8
RE: didn't file cuz boss didn't want me 2.
yup, that's where employees can claim fraud against the employer.
they rarely do and often cooperate in hiding it.

that's why a lot of fraud statistics are so one-sided against the worker.
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06-09-2010, 11:41 AM
Post: #9
RE: didn't file cuz boss didn't want me 2.
depends if he didnt state it as WC they can really make it hard on him as he commited fraud on his personal IC.... if the boss is paying I am lost you really have to be honest in the WC world or you could get screwed

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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06-09-2010, 09:47 PM
Post: #10
RE: didn't file cuz boss didn't want me 2.
id have to agreee with 1171 if its an injury at work it should be reported as one..as i had made a comment about it being ok to go along with an emplyer paying for everything and not filing a claim on a work related injury in a previous post and i got hammered with comments about it being fraud and i was wrong in thinking that it was ok...and i beleive AQA was one of the first ones to point out to me it would be fraud and the wrong thing to do...it was very similar to this post

SETTLED!!!
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