Posted: 7/30/2008 11:41:15 AM EDT
|
So I hurt my back at work last week lifting a damn door jam off the ground to install it. It felt like someone came up behind me and stabbed me in the lower back with a freakin knife. Any how my boss refuses to give me any insurance information. I have personal insurance that should cover my injury, but should I report a claim on mine?I'm in a lot of pain and now my Dr. is saying he cant see me untill I get the information from my employer.What the heck do I do now?  Has anybody ever run into this? Do I have a right to use his insurance? I think I do. Any advice on this would be very helpful. thanks |
|
Now I don't know about VA, but in NY, as an employer, I am REQUIRED to carry workers comp, as well as workers disability insurance for my employees. If you were injured on the job, and he is refusing to give you that info, maybe he doesn't have it?? Which would be illegal here. EDIT:www.vwc.state.va.us/employers_guide.htm www.vwc.state.va.us/employees_guide.htm |
Thanks for the help fish, I'm thinking he might not have it at all. |
| If what you were doing at the time of your injury was within the scope and course of your employment and was in furtherance of your employers affairs - your employer would be liable for all reasonably necessary medical you receive - at least that is how it is in Texas...bottom line you need to seek adequate legal counsel in your town to advise you. |
Good advice fellas,Thanks for helping.I'll keep you guys informed. |
|
I handle workers comp. for my employer. Your employer should have the insurance; if not they are in violation of the law. Some info here These are the people you contact if your employer magically doesn't have insurance. You can turn a claim into them. Now your employer should have comp. insurance. They are either trying to save their rates by not turning the claim in or they do not have it and are trying to cover their asses. You need to make a decision about your employer. Do you like working for them or do you want to get your back fixed the right way? From the link:
If everything happened as you say it did then you should be covered under workers comp. You told your doctor that it occurred at work. They are automatically assuming that your employer's workers comp. insurance will pay for your treatment not your personal/work insurance. You can always have your doctor bill your company; that seems to get things moving. Also, Virginia is a panel state so your employer and their insurance company should have a specific list of doctors for you to visit; this is from the employer section of the link:
Basically there are a lot of things this company should be doing right now for you. The sooner the injury is treated the sooner you get back to work doing your job and the less it will cost everyone involved. Waiting for you to do something about it, leaving the billing up in the air, and what about restrictions? You will most likely be put on restrictions from any treating physician especially for any type of "lumbar strain" or similar diagnosis. You will have lifting restrictions and other restrictions that will limit what you should do at work. Will your employer honor these restrictions? Ignoring them may mean that your injury might not heal right and will cause your problems as you get older. Just speaking from my position, from the employer's perspective, the faster you treat the injury and get the employee through whatever treatment/therapy is needed the better off all involved are. BTW I work in construction. ETA: A comp. attorney may help if the employer won't play ball. If they give your the run around and tell you to go fix it yourself I would seriously consider contacting an attorney who specializes in this sort of law. I'd avoid the billboard/TV personalities that I'm sure are prominent in your area like everywhere else and speak with the local bar association for a good recommendation. |
|
Your workplace must, by federal and state law, have a poster on the premises showing state labor laws, minimum hourly wage, etc. There must also be a poster with workman's comp info. Even the smallest businesses must have this information posted where employees can see it. Tell your boss in no uncertain terms that 'refusing' to give you insurance information in regards to an on-the-job injury will cost him $$$ in no short order. He may as well just hand you the keys to the business. OSHA can (and does) hand out hefty five-figure fines to employers who dick around with workman's comp cases. |