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lieles · 08-17-2009, 04:11 PM

I was hurt on the job last Tuesday. I slipped and fell and hurt my leg. I went to the ER and a claim was submitted to my company. I was to be out of work for three days....Wednesday, Thursday, and Friday. After I got a second written notice from my doctor stating that I could return to work today, I was told by HR that the company was denying my workmans comp claim because I was out of work for 3 days, and that I had to be out a minimum of 4 days to qualify for workmans comp. Can they do this?

UndercovrAngel · 08-17-2009, 05:12 PM

Your employer can NOT deny your claim. It is up to the insurance company that carries their insurance. Unless your company is self-insured. I was never out of work on my original comp claim back in 2003/04 and still received medical treatment, prescriptions and needed surgeried, as well as receiving a settlement at the end of my claim. If the injury occurred on the job, and there were no mitigating circumstances, the IC should pick up the bills. However, your employer can choose not to pay you for the days that you missed unless you want to use sick/vacation time.

Angel

1171 · (This post was last modified: 08-17-2009 07:02 PM by 1171.)

I think you are confused.
workers comp insurance combines disability and medical benefits. If they are paying the medical then the claim is accepted.
the disability component maybe denied for a variety of reasons but it really sounds like you have not exceeded the mandatory waiting period for payments to begin.
Minnesota comp law requires a 3 day waiting period that is paid retroactively once you've been disabled for more then 10 days.
I don't think your claim or any benefits have been denied. However if you think they are, then ask for a denial in writing and have them provide you with information on filing an appeal.
you can find out more here
http://www.dli.mn.gov/WorkComp.asp

Manley2 · 08-17-2009, 09:32 PM

Are you back to work full duty? If so they are more then likely paying the medical bills but like others have said you may not get paid for your time off because you were not out long enought. If you are back to full duty and no more problems count your blessings. I know losing 3 days of work sucks but some lose years and never recover from thier injuries