workers comp

Reply

  #1  
Old 08-30-08, 02:10 AM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
workers comp

Ok last Friday my mom fell and fractured her hip. however at the time she didn't know it was broken. she just thought she bruised it and thought the pain would go away so she continued to work. Wednesday she went to a doctor and he took x-rays and said she just injured a padding that surrounds the hip and gave her a shot for pain. thursday she was in more pain and could hardly move. my dad drove her to the hospital and they took x-rays and said she fractured it and her whole hip had to be replaced. we tried workers comp by calling the company but they say you have to call the day you fell. well the day she fell we didn't know she broke her hip. she just thought she bruised it and the pain would go away. it didn't it got worse and had to have her hip replaced. is there a chance we can get workers comp evne though they said you have to call the same day. we are prepared to get a lawyer on this case if needed sense the company is going to be stubborn. she is part time. the company has no full time cleaners.
 
Sponsored Links
  #2  
Old 08-30-08, 04:48 AM
Forum Topic Moderator
Join Date: Mar 2005
Location: USA
Posts: 44,056
Was there anyone at work that saw her fall?

It would probably be a good idea to contact an attorney.
 
  #3  
Old 08-30-08, 04:44 PM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
Originally Posted by marksr View Post
Was there anyone at work that saw her fall?

It would probably be a good idea to contact an attorney.
I was as we work together. im doing all the jobs by myself right now. could this also be considered a slip and fall and sue the owner of the parking lot. who do we contact to get help with the utility bills besides social services as we need someone who can pay all of it not just make payment arrangements as she can't pay rent and the utility bills also.
 
  #4  
Old 08-30-08, 05:29 PM
Member
Join Date: Mar 2006
Location: Wet side of Washington state.
Posts: 18,399
Every state has specific laws concerning workers' compensation for on-the-job injuries. Not that it will help you now but the primary rule is that ANY on-the-job injury, no matter how minor, needs to be immediately brought to the attention of your supervisor. Sometimes a form will be filled out and if the injury is (or seems to be) minor the supervisor will hold the form for a few days to see if complications arise. If they do then the supervisor puts the paperwork through the proper channels.

That's the way it works in a big company, a small company may have a less formal procedure. The big company may also have on-site medical personnel and require you to first see the company nurse or doctor at the time of the injury.

Now if you are "contract employees" (essentially having your own company and contracting to another company to render services) the procedure may be quite a bit different. At any rate, it is necessary to notify your immediate supervisor or contact person at the company your were providing services to as soon as possible.
 
  #5  
Old 08-30-08, 05:57 PM
Gunguy45's Avatar
Super Moderator
Join Date: Dec 2007
Location: USA
Posts: 21,019
I hate to say it...but

Lawyer...lawyer....uh lawyer?? As in Attorney, as in soon, as in, they work on contingency. Get the medical bills paid, the lost wages, plus pain and suffering, plus plus plus.....

Don't waste time here..this is important!!!
 
  #6  
Old 08-30-08, 08:00 PM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
i'll have ym call her attorney as soon as possible if not from the hospital. sense i still work for the company. if shes sues would i be out of a job or be harrased by the company.
 
  #7  
Old 09-06-08, 01:49 PM
Hellrazor's Avatar
Member
Join Date: Jul 2003
Location: Eastern USA
Posts: 1,038
Did she report the incident to the employer at the time of the incident? Was company policy followed? Those are the 2 important details in getting this worked out.
 
  #8  
Old 09-06-08, 03:52 PM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
Originally Posted by Hellrazor View Post
Did she report the incident to the employer at the time of the incident? Was company policy followed? Those are the 2 important details in getting this worked out.
my mom called her attorny and he said the 24 hour time limit is male bull poop. he sent over some forms for her to fill out.
 
  #9  
Old 09-06-08, 08:22 PM
Member
Join Date: Mar 2006
Location: Wet side of Washington state.
Posts: 18,399
Umm, I don't think that there are any female bulls.

The problem with not reporting an injury as soon as it happens, even if you think it may be nothing, is that it gives the employer a legitimate reason to state the injury happened off site and when an employee was on her own time. The burden of proof now shifts to the injured person to prove it DID happen on company time while engaged in legitimate work.
 
  #10  
Old 09-06-08, 10:31 PM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
Originally Posted by furd View Post
Umm, I don't think that there are any female bulls.

The problem with not reporting an injury as soon as it happens, even if you think it may be nothing, is that it gives the employer a legitimate reason to state the injury happened off site and when an employee was on her own time. The burden of proof now shifts to the injured person to prove it DID happen on company time while engaged in legitimate work.
well even if she did report it the company wouldn't get it till monday. she fell on a friday and the company is closed on the weekend. the company insurance company sent my mom some forms to fill out.
 
  #11  
Old 09-07-08, 08:06 AM
Group Moderator
Join Date: Oct 2004
Location: WI/MN
Posts: 18,721
The 24 hour notification is not an absolute, but not reporting during that time greatly decreases the chance you will be covered. Good luck.
 
  #12  
Old 09-08-08, 03:50 AM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
well like i said at the time she didn't know she fractured it. she just figured she fell and injured it and it would heal. it didn't. she continued to work through the pain and had a hard time getting in or out of the car. she went to one dr. on a Wednesday after the fall. he said it was not fractured.(maybe it wasn't at the time. it could have been a hair line fracture and going in and out of the car caused the fracture to worsen and break) the dr gave her a shot for pain. thursday morning she was in more pain the ever and could hardly move. she had to lay down in the backseat of the car while my dad drove her to the hospital and the dr there took more x-rays and said it was fractured. they could not hold the hip together with pins to get the fracture to heal. they had to put in a metal hip. she came home from the hospital 1 week later.
 
  #13  
Old 09-14-08, 02:07 PM
Hellrazor's Avatar
Member
Join Date: Jul 2003
Location: Eastern USA
Posts: 1,038
Originally Posted by flirty1 View Post
my mom called her attorny and he said the 24 hour time limit is male bull poop. he sent over some forms for her to fill out.
I didn't mention anything about 24 hour limit, etc.

I asked if she followed company policy in reporting the injury. Failure to follow company policy, except in a dire emergency, makes everything harder down the road. Did she use her insurance card or claim it was workmans comp when at the hospital?
 
  #14  
Old 10-12-08, 05:40 PM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
good news. the company's insurance company has agreed to pay workers comp. they will also pay the 31,000 hospital bill and will sense a nurse out. she will get a check any day and the attorney is not going to take any fees out.
 
  #15  
Old 10-27-08, 01:00 PM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
she got a letter today saying there disputing it. they settled out of court agreed to pay and send a nurse and now they changed there minds. can they do this.
 
  #16  
Old 10-28-08, 01:11 AM
Forum Topic Moderator
Join Date: Mar 2005
Location: USA
Posts: 44,056
What does her attorney say?
 
  #17  
Old 10-28-08, 04:06 AM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
Originally Posted by marksr View Post
What does her attorney say?
he was going to talk to them. how can they change there minds. both the insurance company and attorney settled out of court now the insurance company is going we changed our minds were going to dispute it.
 
  #18  
Old 10-28-08, 11:03 PM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
Ok attorney called back. they can change there mind which is what they(insurance company) did. So now the attorney and the insurance company go to a hearing in november. my mom does not have to appear for this one but if they don't settle this time then she will have to go to the next one. why do insurance company's do this. it just costs them more money in the long run.
 
  #19  
Old 10-29-08, 04:34 AM
Forum Topic Moderator
Join Date: Mar 2005
Location: USA
Posts: 44,056
They don't want to pay if they can get out of it

I'm sure someone further up their food chain, thought, we can get out of paying this one and that is why they changed their mind.......... and why your mother has a lawyer to defend her claim.
 
  #20  
Old 06-21-09, 12:56 PM
Member
Thread Starter
Join Date: Dec 2006
Location: usa
Posts: 1,365
well a little update. the company is disputing that she was working when she fell. we were in between jobs and it was in the parking lot of the last job of the night. just shows the mentality of that company. the company we worked for was a company that cleaned commercial buildings. we were part time.
 
Reply

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Thread Tools
Search this Thread
Display Modes