by Anonymous on January 17th, 2008

Anonymous

Question

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I tripped at work and hurt my knee. My employers do not want to file my injury on workman's comp they want to pay my insurance premium and all the co-pays. Should I do this and if so what are my rights long term?

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Answers. 13 helpful answers below.

  • by Anonymous on December 27th, 2008

    Anonymous

    FILE!!!!! Your employer is trying to save money not help you. Filing wont hurt you,it will cover your ass if you have long term injury.

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  • by Anonymous on January 8th, 2009

    Anonymous

    DO NOT!!! go this route... YOU REALLY NEED to FILE a claim!!! honestly my dad is going through one now and only wanted to go to a back specialist to get better & they denied him & sent him back to work when they legally shouldn't have & now this public utilities company is trying to "make up" for this to see if we won't catch this mistake. I have managed a clinic for over 8 years & know the HR aspect of it and for ANY person to get hurt @ work & not get the health care they require worries me... :)
    as a manager I advise you to require your employer to file a claim. although they agree to pay your bills now if injuries get worse or are prolonged you don't have the law to protect you & make sure you will be ok. :) good luck

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  • by RockyHD2 on January 4th, 2009

    RockyHD2

    File it and file it fast, dont listen to your employer.. They will lie to you in a min. to cover there butts and Insurance will deny your claim as they did mine with a reported on the job injury, with the Insurance company saying it did nt look like he was hurt that bad to have a total knee replacement, the doctors state otherwise and still the insurance company is in denial. File Workmans Comp dont sign anything with your employer, get a good attorney, And get ready to Be fired or laid off and never work there again. They laid me off after they found out it was a bad injury instead of a band aid fix and small bill on the company. Cover your butt, they are made to make your life miserable and save the insurance Co. money and put you in a starved mode were you will take anything to stop from going into Starvation.
    They try to starve you into signing and agrreing to anything that benifits them not you.

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  • by mebeer on January 24th, 2008

    mebeer

    No you shouldn't do no such thing ,as you could be hurt for the rest of your life and no employer is gonna pay you for a long period.So what if this company goes down and your left then to pay for it yourself for the rest of your life.No make sure you report it to workmans comp, as this hurt knee can come against you later down the road and you'll still be able to claim from Worker's Comp if you have a claim for it, so make sure you file your claim,If it's only a 2 week or a month's pay your claim can be opened anytime if you re-hurt that same knee or if it that knee was the cause for another hurt,For heaven sakes don't listen to your employer as they don't care and the money isn't out of their pocket, you paid for it out of your own pocket everytime it was due.Your employer shouldn't have been putting barganing rights to you anyway,he should have been all in support for you to file a form to Worker's Comp.For heaven sakes don't be doing a stupid thing like that employer want's you to do.

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  • by AmberM on May 28th, 2009

    AmberM

    You have 3 years to file a wc claim against any employer. If you feel your employer is trustworthy go ahead and handle it in house. If things get crazy you can still file a claim.

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  • by texansfan on February 12th, 2009

    texansfan

    NO! I had the same thing happen to me, and here I am 28 months later, four surgeries and no employer. I hired an attorney after learning I would be having the first surgery. I have full confidence in my attorneys due to the fact that all my medical bills, prescriptions, surgeries, appointments and most importantly my worker's comp checks are taken care of in a timely manner.

    Think about what the long term affects could be! You are the only one that can take care of yourself and keep your best interest in mind.

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  • by RockyHD2 on January 10th, 2009

    RockyHD2

    It dont make a diff. if he had a pre-existing injury. It was agravated by the recent injury and is due TTD.
    But the outcome of workmans comp hearing will limit it as such, not to a full blown first injury and the settlement will be like 50% of a full Compensation, because it was agravated at work.

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  • by rselvy on January 21st, 2008

    rselvy

    Let me tell you from experience. I'm going through a Workman's Comp case right now. I have been fighting it for over 3 years and I'm still in need of another operation. I have had one operation on my neck already and I need another. I have not been able to work since 2004 and I'm still 100% disabled. Work Comp is doing everything they can to ruin my life and all I want is to get my neck fixed so I can go to work again.
    I would strongly suggest figuring out how severe your injury is first. Second is it an injury that will heal well enough that it will not impair your lifestyle? You have to live with it the rest of your life. If the injury can be fixed and will heal is your employer willing to compensate you for for complete rehab and any additional therapy that you will need to recover and as well additional maintenance therapy that may be needed down the road? You also need to be paid for being off work as well. If your employer agrees to all of that I would get it all in writing and have it looked at by a para-legal to make sure your best interest is covered. Otherwise I would file the Workman's comp claim. In the end you will be rated for your level of disability and they will pay you for that disability. Depending on what state you live in, it might be worth looking onto the WC and make a report. Just be prepared for a struggle because the insurance company will be horrible and try to deny everything. They will make you do depositions and they do a complete medical background check on you and if you have ever had an injury to your knee they will try to say it was pre-existing.
    I feel bad that you have to make that decision because it's not easy either way. Just remember you need to do what's best for you.

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  • by Anonymous on January 17th, 2008

    Anonymous

    You have to weigh the benefits. Workman's comp is an exclusive remedy. Thus, if you get workman's comp, you lose your right to sue. Workman's comp pays a small fraction of what a person would get in a court.

    Thus, if the injury was the result of some negligence, you may not want to go through workman's comp. If not, you may want to.

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  • by RockyHD2 on December 1st, 2008

    RockyHD2

    I went through the same injury on a roof slipping on an airhose, tearing my knee cap out.. had to have emergency surgery and total knee replacement, Funny thing is after I informed the company of my emrgency surgery and knee replacement, they laid me off.
    After getting out of the Hosp. I contacted them for Insurance info and my workmans comp and they told me I was fired and dont call back and hung up. I hired an attorney and filed a workmans comp case. Lawyer said they had a meeting to get my workmans comp pay started. Have not seen a dime or bill paid in mths, putting me in the poor house.Is there a law that says employers do not have to pay workmans comp ? they have told my lawyer that they are not disputing the injury. So what is he hold up. My lawyer says he will call them again to find out the reason only to say they have not contacted him back.. Any advice ??? and why dont I receive TTD. My weekly bring home is $1.200 what am I too recieve weekly and why dony thye pay my TTD when they have not disputed my claim ?? Also they say that because of my age i will need another surgery to replace worn out part of new knee replacement is this true. I am 50 and was very active jogging etc. and worked 6-7 days per week and avid outdoorsman. well was all of this before I was injury now I feel as though my life is ruined ..... and at is at a stand still with no enjoyment.

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  • by scubaduba on December 27th, 2008

    scubaduba

    You're private insurance may not cover it if they find out the injury happened at work. If you lie to them, then it is insurance fraud. Are you really willing to commit fraud for your employer?

    If you decide to accept what your employer is offering you may want to stipulate it as "I am willing to do that as long as my insurance will cover it, and I'm not willing to lie to them to get them to do so."

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  • by noel58 on January 4th, 2009

    noel58

    If you report an on the job injury, your employer is required to file a wc claim. Don't do it through your insurance!!!!

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  • by BrokeDog on January 17th, 2008

    BrokeDog

    This can sometimes be a very tricky situation! First, absolutely, you should file for workers comp if you hurt your knee. It could be something pretty serious, and yes, if you were hurt on the job, it should be covered BY THE JOB!
    But, some places will definitely try and FIRE you (somewhere down the line), because you went against their advice in this situation. Yes, they could be in some serious trouble for doing that, but it will be up to YOU to fight them, first, for your job, and second, for the benefits to see this injury to complete healing.
    Only you know how your company will respond, if you go against their wishes, and file this claim.
    BUT, in my opinion, YES, you should file this injury claim, and see it thru!

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